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Karnataka Cabinet Approved Ban on Slaughter of Cow progeny

2010-02-12T00:43:00.000-08:00

After long persuasion Karnataka Government led by Chief Minister B.S. Yediyurappa fulfilled GOBHAKT’s demand & took another bold step to Ban Cow progeny (Gauvansh) Slaughter in Karnataka.
Akhil Karnataka Gauraksha Sangh(r), Karnataka Gaushala Mahasangh(r) had continuously demanded the ban on Cow Slaughter in Karnataka since many years and brought the real condition of Cow progeny to the notice of different governments in last two decades and congratulate Hon'ble Chief Minister & his Cabinate of Ministers & request all Legislators of Karnataka to pass the Bill and VOTE in favor crossing party line.
1st Time came in power BJP ruled government was firm & State Cabinet on Wednesday 10th February 2010 has approved a new law to ban the slaughter of cows and calves and ensure cattle conservation. The Bill, which is set to replace the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, is expected to be tabled in the next session of the legislature.
The Cabinet had constituted a subcommittee under the chairmanship of Home Minister V.S. Acharya to study the drawbacks in the existing law and suggest measures to be incorporated in the proposed Act.The new legislation will be in accordance with the Central Act and in conformity with Article 48 of the Constitution.
Briefing presspersons on the decisions taken at the Cabinet meeting at Bangalore, Dr. Acharya and Law Minister S. Suresh Kumar said that the new legislation would have guidelines for the transportation of cattle, apart from stern punishment for offenders.
First-time offenders will be liable to a year in prison and a fine between Rs. 25,000 and Rs. 50,000. Those held for a second offence or more will have to face imprisonment of up to seven years and pay a fine between Rs. 50,000 and Rs. 1 lakh.
Dr. Acharya said that the judgments of courts in various cases pertaining to cow slaughter and transportation of milch animals had suggested that the law should be in consonance with the provisions of the Constitution. “The larger aim of the new Act is to bring in an effective mechanism and enforcement to curb cow slaughter.”
The State Cabinet has approved a new law to ban the slaughter of cows and calves and ensure cattle conservation. The Bill, which is set to replace the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, is expected to be tabled in the next session of the legislature.
The Cabinet had constituted a subcommittee under the chairmanship of Home Minister V.S. Acharya to study the drawbacks in the existing law and suggest measures to be incorporated in the proposed Act. The new legislation will be in accordance with the Central Act and in conformity with Article 48 of the Constitution.
In fact, 7 Member Constitution Bench of Supreme Court of India has upheld the Ban on Cow Slaughter in the year 2005 itself by its Verdict delivered on October 26, 2005. interested can go through this historical Judgement by clicking the image here.
Shree Raghaveshwara Bharathi Swamiji of Shree Ramachandrapura Math, Hosanagar in Karnataka had launched nationwide Gou Grama Yathra recently which got the widespread support from all quarters of society, irrespective of caste, creed and political parties.
Dr. SK Mittal;s Animal Safety Law Guide of Karnataka published in 2001 opened eyes of law makers & further his efforts of uniting all Animal Welfare organizations under Karnataka Goshala Mahasangh® under the divine blessings of Sri Sri Balagangadharanatha Mahaswamiji ofSri Adi Chunchangiri Mutt. Dr. Mittal took initiative of installing World’s 1st Cow dung based Particle Board & other products manufacturing plant in Mathura and is in process in Karnataka.

डॉ. श्रीकृष्ण मितल
President Karnataka Goshala Mahasangh(r)
President: Akhil Karnataka Gauraksha Sangh(r)

PROJECT REPORT FOR COW DUNG & AGRO WASTE BASED PARTICLE BOARD & OTHER ORGANIC PRODUCTS PLANT AT MATHURA UP

2010-01-13T22:40:00.000-08:00

PROMOTERS : M/s GAUVARDHAN ORGANICS PVT. LTD
REGD. OFFICE : H-7 , UPSIDC INDL AREA, ‘B’ SITE , MATHURA 281005
E mail : gomata@in.com: gaumata.blogspot.com:
Telefax: 0565-2480001: Mobile 09410883003 :: 09980246400
Table of Contents
A Project at Glance
B Promoters
C Key reasons for success of our project
D Management
E Introduction
F Market for MDF & Particle Board
G Raw Materials for MDF & Particle Board
H Environmental, Social & National Objectives
I Global Capacity of MDF & Particle Board
J Future potential for MDF & Particle Board
K Projected Demand of MDF & Particleboard in India
L MDF Manufacturing Process
M Plant & Machinery for MDF Project
N Particle Board Manufacturing Process
O Plant & Machinery for Particle Board Project
P Technical Sequence in Brief of Particle Board Line
Q Building Area requirement
R Details of Cost of Project
S Cost of Plant & Machinery
T Cost of Utility, Services & Misc. Equipments (Indigenous)
U Means of Finance
V Marketing & Selling Arrangements
X Turnover Capacity for all products

P R O J E C T A T A G L A N C E:
1. Name of the proposed unit GAUVARDHAN ORGANICS PVT. LIMITED
2. Registered Office H-7, UPSIDC INDL. AREA‘B’ SITE
MATHURA 281005 UTTERPRADESH
3. Location PRESENT: AS ABOVE
PROPOSED: UPSIDC INDL. AREA, KOSI- MATHURA DIST. UP
4. Status PVT. Ltd. Co. Regd vide U74999UP2009PTCO38544
5. Name of Promoters/ Directors: Dr. SK Mittal, Nitin K. Mittal, Chetan K.Mittal
6. Industry Particle Board & other Organic Products made from Cow Dung, Cow Urine & Agro Waste
7. Proposed Products 1 Particle Board (Plain / Pre-Laminated)
2 Phenyl Gomutra Ark
3 Pest Repellant Mosquito Coil
4 Essence Fire Sticks (Havan Samidha)
5 Hand Wash Liquid Hand Wash Powder
6 Essence Sticks Etc
8. Installed Capacity 1000 Cubic Mtr /day + 10 KL cow urine
Name of the Item Name of the Item Proposed Manufacturing Capacities
(i)
(ii) 1 Particle Board 10mm to 40 mm
2 Phenyl
3 Gomutra Ark
4 Pest Repellant
5 Mosquito Coil
6 Essence Fire Sticks (Havan Samidha)
7 Hand Wash Liquid
8 Hand Wash Powder
9 Essence Sticks Etc 20,000 Cub.Mtr 15,000 MT
5000 KL
5000 KL
5 KL
500 MT
500MT
5 KL
500 MT
50 MT
9. Project cost {Rs. in lacs)
TOTAL
i. Present Site as above but Proposed for shifting Land (6270 SQ. Mtr in Kosi UPSIDC INDL AREA Mathura Dist 65
ii. Building – Factory & - Non Factory 45
iii. Plant & Machinery 155
iv. Misc. Fixed Assets 7
v. Pre-operative Expenses 5
vi. Security Deposits 6
vii. Contingencies 7
Viii Margin Money for working Capital 30
Total 320
10. Means of Finance
i. Share Capital & Unsecured Loans 100
ii. Term Loan 170
iii Working Capital Facilities 50
TOTAL 320
11. Capacity Utilization 60% in 1st year 80% in 2nd year 90% in 3rd year 90% in 4th year 90% onward
12. No. Of working days 300 Days
13. No. Of shifts 3 Shifts
14. Man power utilization 80
15. Implementation period In production / Shifting one month
16. Break even point installed capacity on 100% capacity 32.86%
17. Average DSCR 2.78
TOTAL 350

INTRODUCTION: People have used wood for millennia for many purposes, primarily as a fuel or as a construction material for making houses, tools, weapons, furniture, packaging, artworks, and paper. Wood can be dated by carbon dating and in some species by dendrochronology to make inferences about when a wooden object was created. The year-to-year variation in tree-ring widths and isotopic abundances gives clues to the prevailing Wood, in the strict sense, is yielded by trees, which increase in diameter by the formation, between the existing wood and the inner bark, of new woody layers which envelop the entire stem, living branches, and roots. Technically this is known as secondary growth; it is the result of cell division in the vascular cambium, a lateral meristem, and subsequent expansion of the new cells.
Wood is an organic material; in the strict sense it is produced as secondary xylem in the stems of trees (and other woody plants). In a living tree it conducts water and nutrients to the leaves and other growing tissues, and has a support function, enabling woody plants to reach large sizes or to stand up for themselves. However, wood may also refer to other plant materials with comparable properties, and to material engineered from wood, or wood chips or fiber.
Wood has been an important construction material since humans began building shelters, houses and boats. Nearly all boats were made out of wood until the late 19th century, and wood remains in common use today in boat construction.
Wood to be used for construction work is commonly known as lumber in North America. Elsewhere, lumber usually refers to felled trees, and the word for sawn planks ready for use is timber.
New domestic housing in many parts of the world today is commonly made from timber-framed construction. Engineered wood products are becoming a bigger part of the construction industry. They may be used in both residential and commercial buildings as structural and aesthetic materials.
In buildings made of other materials, wood will still be found as a supporting material, especially in roof construction, in interior doors and their frames, and as exterior cladding.
Wood is also commonly used as shuttering material to form the mould into which concrete is poured during reinforced concrete construction. Wood unsuitable for construction in its native form may be broken down mechanically (into fibres or chips) or chemically (into cellulose) and used as a raw material for other building materials such as chipboard, engineered wood, hardboard, medium-density fiberboard (MDF), oriented strand board (OSB). Such wood derivatives are widely used: wood fibers are an important component of most paper, and cellulose is used as a component of some synthetic materials. Wood derivatives can also be used for kinds of flooring, for example laminate flooring
wood products
Further developments include new lignin glue applications, recyclable food packaging, rubber tire replacement applications, anti-bacterial medical agents, and high strength fabrics or composites. As scientist and engineers further learn and develop new techniques to extract various components from wood, or alternatively to modify wood, for example by adding components to wood, new more advanced products will appear on the marketplace.
Furniture and utensils: Wood has always been used extensively for furniture, including chairs and beds . Also for tool handles and cutlery, such as chopsticks, toothpicks, and other utensils, like the wooden spoon.
In the arts: Artists can use wood to create delicate sculptures.Wood has long been used as an artistic medium. It has been used to make sculptures and carvings for millennia. It is also used in woodcut printmaking, and for engraving. Certain types of musical instruments, such as those of the violin family, the guitar, the clarinet and recorder, the xylophone, and the marimba, are made mostly or entirely of wood. The choice of wood may make a significant difference to the tone and resonant qualities of the instrument, and tonewoods have widely differing properties, ranging from the hard and dense (african blackwood used for the bodies of clarinets to the light but resonant European spruce (Picea abies)) traditionally used for the soundboards of violins. The most valuable tonewoods, such as the ripple sycamore (Acer pseudoplatanus), used for the backs of violins, combine acoustic properties with decorative color and grain which enhance the appearance of the finished instrument
Sports and recreational equipment: Many types of sports equipment are made of wood, or were constructed of wood in the past. For example, cricket bats are typically made of white willow. The baseball bats which are legal for use in Major League Baseball are frequently made of ash wood or hickory, and in recent years have been constructed from maple even though that wood is somewhat more fragile. In softball, however, bats are more commonly made of aluminum (this is especially true for fastpitch softball).
Many other types of sports and recreation equipment, such as skis and ice hockey sticks, were commonly made of wood in the past, but have since been replaced with more modern materials such as aluminum, fiberglass, carbon fiber, titanium, and composite materials. One noteworthy example of this trend is the golf club commonly known as the wood, the head of which was traditionally made of persimmon wood in the early days of the game of golf, but is now generally made of synthetic materials
Consequent to multiple usage of wood deforestation put ecological imbalance and this brought scientists do research and thus came the usage of PLYWOOD to replace WOOD.

Plywood is a type of engineered wood made from thin sheets of wood, called plies or wood veneers. The layers are glued together so that adjacent plies have their grain at right angles to each other for greater strength. There are usually an odd number of plies, as the symmetry makes the board less prone to warping. An common reason for using plywood instead of plain wood is its resistance to cracking, shrinkage, twisting/warping, and its general high degree of strength. In addition, plywood can be manufactured in sheets far wider than the trees from which it was made. It has replaced many dimensional lumbers on construction applications for these reasons. A vast number of varieties of plywood exist for different applications. Softwood plywood is usually made either of Douglas fir or spruce, pine, and fir (collectively known as Spruce-pine-fir), and is typically used for construction and industrial purposes.
Plywood production requires a good log, called a peeler, which is generally straighter and larger in diameter than one required for processing into dimensioned lumber by a sawmill. The log is peeled into sheets of veneer which are then cut to the desired dimensions, dried, patched, glued together and then baked in a press at 140 °C (280 °F) and 19 MPa (2800 psi) to form the plywood panel. The panel can then be patched, resized, sanded or otherwise refinished, depending on the market for which it is intended.
However plywood also over a period put stress on wood since the main raw material for the same is wood. Hence further innovation brought in particle Board.
Particle board has been in use since the 1940s, often used in place of the more expensive plywood as subflooring or instead of natural hardwoods in furniture manufacturing. At one point in its history, however, particle board was considered an expensive designer material, reserved for use in exclusive homes and upscale furniture factories. Modern particle board is now made primarily by combining discarded wood shavings, chips and sawdust with a strong resin and pressing the mixture into serviceable boards and planks
Particle board, or particleboard, (or chipboard in the UK, Australia and some other countries) is an engineered wood product manufactured from wood particles, such as wood chips, sawmill shavings, or even saw dust, and a synthetic resin or other suitable binder, which is pressed and extruded. Particleboard is a composite material.
Particleboard is cheaper, denser and more uniform than conventional wood and plywood and is substituted for them when appearance and strength are less important than cost. However, particleboard can be made more attractive by painting or the use of wood veneers that are glued onto surfaces that will be visible. Though it is denser than conventional wood, it is the lightest and weakest type of fiberboard, except for insulation board. Medium-density fibreboard and hardboard, also called high-density fiberboard, are stronger and denser than particleboard.
A major disadvantage of particleboard is that it is very prone to expansion and discoloration due to moisture, particularly when it is not covered with paint or another sealer. Therefore, it is rarely used outdoors or places that have high levels of moisture, with the exception of some bathrooms, kitchens and laundries, where it is commonly used as an underlayment beneath a continuous sheet of vinyl floor coverings
History and development
Modern plywood, as an alternative to natural wood, was invented in the 19th century, but by the end of the 1940s there was not enough lumber around to manufacture plywood affordably. Particleboard was intended to be a replacement. The first commercial piece was produced during World War II at a factory in Bremen, Germany. It used waste material such as planer shavings, offcuts or sawdust, hammer-milled into chips, and bound together with a phenolic resin. Hammer-milling involves smashing material into smaller and smaller pieces until they pass out through a screen. Most other early particleboard manufacturers used similar processes, though often with slightly different resins.
It was found that better strength, appearance and resin economy could be achieved by using more uniform, manufactured chips. Manufacturers began processing solid birch, beech, alder, pine and spruce into consistent chips and flakes. These finer layers were then placed on the outsides of the board, with the central section composed of coarser, cheaper chips. This type of board is known as three-layer particleboard.
More recently, graded density particleboard has also evolved. It contains particles that gradually become smaller as they get closer to the surface.

Manufacturing Particle board is manufactured by mixing wood particles or flakes together with a resin and forming the mix into a sheet. The raw material to be used for the particles is fed into a disc chipper with between four and sixteen radially arranged blades. The particles are first dried, after which any oversized or undersized particles are screened out.
Resin, in liquid form, is then sprayed through nozzles onto the particles. There are several types of resins that are commonly used. Urea formaldehyde resin is the cheapest and easiest to use. It is used for most non-water resistant boards. Melamine formaldehyde resin is significantly more expensive, as it is moisture resistant. Phenol formaldehyde is also fairly expensive. It is dark colored and highly durable. These resins are sometimes mixed with other additives before being applied to the particles, in order to make the final product waterproof, fireproof, insect proof, or to give it some other quality.
Once the resin has been mixed with the particles, the liquid mixture is made into a sheet. A weighing device notes the weight of flakes, and they are distributed into position by rotating rakes. In graded density particleboard, the flakes are spread by an air jet which throws finer particles further than coarse ones. Two such jets, reversed, allow the particles to build up from fine to coarse and back to fine.
The sheets formed are then cold-compressed to reduce their thickness and make them easier to transport. Later, they are compressed again, under pressures between two and three megapascals and temperatures between 140 °C and 220 °C. This process sets and hardens the glue. All aspects of this entire process must be carefully controlled to ensure the correct size, density and consistency of the board. The boards are then cooled, trimmed and sanded. They can then be sold untreated, covered in a wood veneer or laminated with paper .
Particleboard has had an enormous influence on furniture design. In the early 1950s, particleboard kitchens started to come into use in furniture construction but, in many cases, it remained more expensive than solid wood. A particleboard kitchen was only available to the very wealthy. Once the technology was more developed, particleboard became cheaper.

GLOBAL CAPACITY OF MDF & Particle BOARD–MDF & Particle Board was developed in the US & rather quickly spread around the world. Today the largest producing & consuming region is Europe. following are the aggregate world capacity of Particle /Medium Density Fiber ( MDF) Board in million cubic meters–
The global potential demand for panel boards is estimated at 250 million m3 per year and the market potential for Medium Density Fiber ( MDF) Board alone is 100 million m3. The gap of 150 million m3 can be diverted to MDF and Particleboard

Year – 2004 No. of mills Average size of each Medium Density Fiber ( MDF) Board mill
Africa 4 63,000 m3
Middle East (Israel) 1 86,000 m3
South America 16 1,79,000 m3
Asia Pacific
- Australia 5 1,56,000 m3
- China * 186 45,000 m3
- India 3 50,000 m3
- Indonesia 7 75,000 m3
- Iran 1 30,000 m3
- Japan 4 1,60,000 m3
- Korea 8 1,36,000 m3
- Malaysia 11 1,18,000 m3
- New Zealand 4 2,27,000 m3
- Sri Lanka 1 1,00,000 m3
- Pakistan 2 26,000 m3
- Thailand 7 1,25,000 m3
- Vietnam 1 54,000 m3
- Europe 64 1,87,000 m3
Canada 7 2,15,000 m3
Mexico 1 60,000 m3
United States 18 1,89,000 m3
World Total 350 mills World 1,10,000 m3
Average
* The total no. of Medium density fiber Board Plants in China exceeded 400 during 2004, but the remaining are small lines of 5,000 – 20,000 m3 capacity.

The following figures give the number of Production lines for Medium Density Fiber ( MDF) Board, together with average production capacities in the world
Year – 2004 No. of Production Lines Average size of each Particle Board mill Capacity in 1000 m3
U.S. 54 199,000 m3 10726
Canada 17 223,000 m3 3797
Mexico 10 94,000 m3 937
Europe 251 174,000 m3 43,563
Rest of the World
- China * 263 22,000 m3 5740
- North East
- Asia 26 11000 m3 2624
-South East
-Asia 67 84,000 m3 5635
- other Asia 35 61,000 m3 2127
- Latin/South
- America 53 97000 m3 5157
- Africa 21 58,000 m3 1227
- Australias 18 63,000 m3 1130
World Total 815 mills World 1,01,000 m3
Average 82,663
* Including India.
The present per-capita utilization of MDF & Particle Board is very low in India as evident from the table below, which indicates that there is a large potential market for MDF & Particle Board in future-
The following figures give the number of Production lines for Particle Board, together with average production capacities in the world –

In China, around 200 mills build by using Chinese Plant & Equipments, with total capacities of 3 million m3.\In the rest of Asia, the number of mills & their capacities remained unchanged during the last 2-3 years.
As per the statistics available, there are 14 pre-laminated/plain particleboard manufacturers in India, with a build –up capacity of around 300000 m3. There is a scope to set up at least 10 Particle Board Plants in India over a period of next 5 years, as against only few Plants in operation now.
Despite increase in Plant capacities by 5-10% every year, the demand is increasing at a faster rate & there is a clear shortage of Particle Board in India

Usage Pattern of MDF & Particle Board Per 1,000 capita / year during 2004 –

Canada 48.87 m3
Australia 33.85 m3
Europe 16.47 m3
US 12.36 m3
North East Asia 8.68 m3
South East Asia 4.98 m3
South America 4.92 m3
China 4.53 m3
Africa 0.30 m3
Other Asia (Including India) 0.25 m3
World Average 6.25 m3

Despite increase in Plant capacities by 5-10% every year, the demand is increasing at a faster rate & there is a clear shortage of MDF & Particle Board in India The saw milling industry, consisting of more than 23,000 units utilizes bulk of the industrial round wood in India. It is estimated that each sawmill will generate 100 – 120 tons of sawdust & wood cuttings per year on an average and make available totally 2.5 million tons of wood wastes, which can provide necessary raw material for more than 50 new Particle /Medium Density Fiber ( MDF) Board Plants in India.

Plywood – India has a well-developed Plywood industry, which produces around 220 million sq. meters of Plywood annually of which 20 million sq. meters is decorative. In the Rs. 5,000 crore Plywood market, un-organized sector commands the lion’s share of 80%. And organized sector constitute the balance 20%. Since the Supreme Court has banned further licensing of Plywood factories in India, Plywood industry cannot meet the future demand for Panel products.
Furniture industry - Indian furniture industry has a market size of more than Rs. 15,000 crores in a year. Imports of furniture are estimated to be more than Rs. 1,000 crores per year. Indian panel processing industry is growing rapidly at around 35% every year.
With the introduction of economic reforms since 1992 & more recently, putting a ban on most domestic logging, a unique market opportunity is emerging for Particle/MDF Board forest products in India. The growing prosperity of more than 150 million upper & middle class Indians has opened the market for wood products from furniture to flooring & from lumber to laminates to develop quickly.
J. FUTURE POTENTIAL FOR MDF & Particle BOARD- Since the panel processing industry is growing at a phenomenal rate of 35%, the future potential market for Particle /Medium Density Fiber ( MDF) Board in India is estimated as under –
1. The present demand for Plywood is 250million sq. meters. Taking the average thickness of plywood as 16 mm, this implies a market size of 40 lakh cubic meters or 30 lakh tons of plywood in India.
2. Presently, the construction industry is booming, with a lot of encouragement for the housing sector. Hence the average growth rate for wood in the next 5 years can be taken as 5% & plywood as 10% per year.
3. Since the new Plywood factories cannot be started without permission from the Central Empowered committee, Plywood industry is not able to meet the future demand for panel products. Plywood also needs wood in excess of 30 cm dia, as against Medium Density Fiber (MDF) Board and Particleboard which needs wood waste of Ply-board industry, firewood waste wood of furniture industry and of band saw units.
With new MDF & Particle Board Plants coming up & leading to adequate supplies in the market, MDF & Particle Board is expected to draw slowly the market shares from wood & plywood sector. This has happened in almost all countries of the world. Accordingly, the projected demand for MDF & Particle Board in India is estimated as under –

K.PROJECTED DEMAND FOR MDF & Particle BOARD IN INDIA - (In million cubic meters)
Projections for years 2006 2007 2008 2009 2010
Future demand for sawn wood - (5% growth rate assumed) 50.00 52.50 55.12 57.88 60.77
Future demand for Plywood (10% growth rate assumed) 4.00 4.40 4.84 5.32 5.86
Future projections based on existing demand for PARTICLE /MEDIUM DENSITY FIBRE ( MDF) BOARD (10% growth rate assumed) 0.67 0.74 0.81 0.89 0.98
Future projections for PARTICLE /MEDIUM DENSITY FIBRE (MDF) BOARD which will improve with higher availability, assuming that PARTICLE /MEDIUM DENSITY FIBRE (MDF) BOARD will take away 1%, 2%, 3%, 4% & 5% share from the sawn wood market in the next 5 years and also take away 5%, 10%, 15%, 20% & 25% share from plywood market in the next 5 years 0.67
0.50
0.20 0.74
1.05
0.44 0.81
1.65
0.73 0.89
2.32
1.06 0.98
3.04
1.46
TOTAL 1.37 2.23 3.19 4.27 5.48
Region Particle /Medium Density Fiber ( MDF) Board capacities
(In million m3)
2001 2002 2003 2004
Australia & New Zealand 1.69 1.73 1.73 1.73
China 5.42 7.02 7.36 8.66
South East Asia 2.60 2.76 2.85 3.21
North East Asia 1.72 1.72 1.72 1.72
South America 2.06 2.97 3.22 3.58
Europe 11.52 11.92 12.46 13.18
North America 5.07 5.06 5.45 5.81
Rest of the world * 0.48 0.61 0.64 0.79
Total 30.56 33.79 35.43 38.68

Summarized future projections for Particle /Medium Density Fiber (MDF) Board in India –

Years Potential demand in cubic meters Potential demand in tones Total number of Particle /Medium Density Fiber (MDF) Board Plants which can operate, based on the average factory size of 50,000 m3/year Number of new plants, which can be set up every year, in addition to the existing 3 plants in India
2006 13.70 lakh m3 10.27 lakh tons 27 25
2007 22.30 lakh m3 16.72 lakh tons 44 17
2008 31.90 lakh m3 23.92 lakh tons 63 19
2009 42.70 lakh m3 32.02 lakh tons 85 22
2010 54.80 lakh m3 41.10 lakh tons 109 24
Medium Density Fiber (MDF) Board and Particle board is superior to Plywood in terms of quality & applications. Following table makes the direct comparison –

Functions Plywood Medium Density Fibre (MDF) Board Particle Board
1. Wood borers Attracts wood borers Totally borer – proof, as only wood fibres are bonded together Does not attract borers
2. Machining, carving & post-forming Not suitable Highly suitable Suitable to a limited extend
3. Density of the Board Medium Density is medium / high, as required Low
4. Edge cutting & trimming Suitable to a limited extent Highly suitable Suitable to a limited extent
5. Nail & Screw holding capacity Medium High Low to Medium
6. Board strength & internal bond Medium High Medium

Comparison of solid wood to particleboard
Particleboard’s selling points compared to solid timber are its price, its availability in large flat sheets and its ability to be decorated with melamine based overlays. However, it has several other advantages, one of which is its stability. Solid wood is prone to warping and splitting with changes in humidity, whereas particleboard is not. This stability enables new design possibilities, without having to take into account seasonal variations. Untreated particleboard will disintegrate, however, when exposed to high levels of moisture. This problem is somewhat mitigated by laminating the particle board on both sides with melamine resin to reduce moisture ingress.
Solid wood has structural advantages over particleboard. It is stronger, particularly in extension (as required for horizontal spans), allowing it to support greater weights as shelves or other furniture; unless braced or built with thick material, particleboard shelves may visibly sag over time or snap near the fasteners.
Fasteners should be designed specially for particleboard; ordinary screws and nails will not provide the correct holding power over time. Threads may strip, portions of the particleboard may "blow out" when subjected to extension stress. In part this arises from the lack of elasticity in particleboard resins as compared to the long strands and compressible voids contained in solid wood, a feature that while preserved in the manufacture of plywood is compromised in particleboard.
The strength of particleboard, in the context of the application and cost, can offer advantages over solid wood. In cabinet carcase construction, relatively thick particleboard is used (typically ¾"). Particularly in the sidewalls of cabinets, where stress owing to support of loaded shelves or appliances is compressive, particleboard can be an excellent choice. In the context of bending strength, which goes mathematically as the third-power of thickness, the greater thickness of particleboard as compared to thinner grades plywood otherwise used for cabinet carcases may provide indeed greater strength for a given content of wood.Solid wood is more durable than particleboard. Damage to solid wood can be repaired by removing and replacing damaged material then refinishing using known wood treatments that can be matched. Since particleboard is typically faced with by a non-wood veneer, it may be impossible to match the original finish. In addition, damage to particleboard is typified by structural failure and exposure of sizable jagged faults. Damage to particleboard is therefore normally very difficult to repair, usually requiring replacement of the damaged particleboard elements.
The reduced durability of particle board furniture is a consequence of reduced strength in extension. This drawback contributes to damage when furniture is moved; if possible, the furniture should be disassembled to eliminate the possibility of damage in transit.
Most people consider solid wood furniture to be more attractive than particleboard. Recognizing this, furniture makers often cover particle board with real or imitation veneers, in an effort to simulate the look of solid wood.

Comparison of Wood Particle Board & Cow Dung Board
1st time in the history of Particle board or plywood Dr. SK Mittal has developed technology for the manufacture of Particle board by the use of Cow Dung. It is harmless, Echo Friendly, Anti Radiant, Anti Bacterial,. long lasting, high density product having advantages over and above any kind of Board or Ply wood made by the use of any kind of wood. This plant will be instrumental in saving app. 1,50,000 Trees in turn saving fossil fuel making plant eligible for Carbon Credit under Kyoto Agreement. With Echo Friendly mark and BIS IS:3087 Certification, time to come -this product will be opening new horizon in the Plywood-Particle Board industry.
Both products are great for lamination purposes and furniture making industries Particle Board manufacture over the last 7 decades has under gone vast changes and today particle boards are manufactured with exhaustive research binding, anti radiation like qualities of cow dung are established apart from anti bacterial and medicinal qualities of Cow urine these are proved to be valuable industrial input in several processes. Particle board / tiles as is one potential product which can consume cow dung as 50-60% of its raw material requirement. cow dung is purchased and good price is given to breeder, it will prevent him in selling his live stock to butcher. Apart from this holistic approach, a item with inherent binding, anti radiation, lesser weight quality can play wonders in Indian industrial particle board industrial scenario.

With this introduction Govardhan Organics Pvt. Limited has come out with an eco-friendly range of products for the interior industry apart from holistic livestock safety approach. Till recently plywood replaced substantial use of solid wood in the burgeoning furniture industry. However, in the manufacture of plywood, it is difficult to use the roots, branches, upper top, and the interior core of the timber, where is question of using one billion MT every year generating Cow Dung. There are limitations in size, core gap, uniformity, and workmanship of plywood for mass production. Moreover, this leads to cutting of trees and adversely affects the ecological balance. Therefore, in recent past, the use of plywood has been replaced with Particle Boards and MDF Boards worldwide, wherein over 95% of wood available in tree can be used for manufacture of these boards. This is possible due to the process of chipping in the place of peeling and proves to be highly economical, speedy, exceptional as well as eco-friendly.
Construction, furniture, packaging, low cost housing, Sound proofing, Transport like industry needs BOARD, TILES in their activities. A business of 100 billion is consuming precious wood creating a threat to ecology and environment. Live Stock is known as life line of a nation but due to earning incapacity it can be seen sold for slaughter in spite of stringent Act & rules. He or She a cow progeny generates app.10 Kgs of Dung & 7 Liter of Urine. Cumulative national generation is estimated at one billion MT & 700 Million Kilo Liter which has also become a national danger as it is chocking drainage system and forming slit in our tanks and rivers.

ENVIRONMENTAL, SOCIAL & NATIONAL OBJECTIVES –
1. MDF & Particle Board saves virgin forests by using wood wastes of Ply board Industry and of Band saw units.
2. MDF & Particle Board is a wood substitute, saving precious foreign exchange, as large quantities of wood are being imported into India.
3. MDF & Particle Board not only reduces the growing worldwide pressure on the timber industry, but can also address rural environment concerns.
4. MDF & Particle Board Plants located in a rural agricultural area can create new fiber markets, new jobs and can return revenue & benefits directly to the Locals people.
5. At present, MDF & Particle Board are imported into India at high prices. Attaining self – sufficiency in MDF & Particle Board production will, not only eliminate imports but also makes MDF & Particle Board available to consumers at reasonable prices.
6. There is a worldwide shortage of MDF & Particle Board combined with depleting wood sources. India Is strategically located to export the surplus MDF & Particle Board production to the Middle East & Far Middle East / Far East. Even in China, the internal demand is 12 million m3, as against the production of 9 million m3.
7. MDF & Particle Board plants are eligible to secure funds under international carbon trading, as they reduce carbon- dioxide emissions by creating social forestry

C. Key Reasons for success of our Project:
Freight factor: If anybody imports Particleboard or MDF from any country to Delhi (assumed a central location in India) then the freight per cubic meter comes out to be 100$ per cum (around 50% of product cost). This means we will be always able to compete with the international market.
Abundant raw material in theArea Mathura (Brij Mandal is known for its Cow progeny wealth and also Sugar Cane cultivation. With 6.60,000 Cow progeny this District generates 66,000 MT Cow Dung & 45,000 KL of Cow Urine apart from Millions of Tonnes of Sugar Cane Baggas. Our Unit will be consuming not even1% of total availability.
Location: Present location was slected due to proximity to AGRA – Delhi but due to TAJ Corridor pollution restriction, difficulties are being faced. Moreover, Suger cultivation being patronized in Chhata- Kosi Palval Areas, transportation of 5-7,000 MT Baggas will cost RS.5 Million. More over Delhi being main Market, if plant is shifted to KOSI freight advantage of RS. 2.50 million/ year is estimated Hence a Site in UPSIDC INDL Area in Kosi is under finalization.
Promoters MITTALS are known business family having vast experience in the line of construction and running Sri Chamundi Ceramics, a well known name in Building Hardware. DR. SK Mittal
The site is well connected with road and railways route via Kosi station to all major cities of the country and the nearest airport is Delhi. Educated and skilled labors are available in abundance .

PROMOTORS:
Gauvardhan Organics Private Limited is a Private Limited Company incorporated with Authorized Capital of RS.50,00,000/- with Registrar of Companies UP & Uttranchal vide Regn. No. U74999UP2009 PTCO 38544 on. 29th October, 2009 for manufacturing of Particle Board & other organic Products based on Cow progeny & Agro Waste.
Looking into the great demand and viability of Particle Board and MDF board the firm is interested to set up 20000 cubic meter Particle Board Plant in Mathura District. Initially, it was planned at B Site UPSIDC Indl. Area Opp . IOC Refinery Mathura & necessary SSI / KVIB/ S. Tax and other registrations obtained and commenced production. Looking the large area requirement and also proximity to Sugar Cane Baggas Area being Kosi-Chhata-Palwal belt & also nearness to main Market Delhi it is planned to shift to UPSIDC Indl. Area Kosi – Mathura District. Land measuring 6270 Sq. Mtr & Building (in depleted condition) app. 15,000 sq ft has been negotiated which will require investment of RS 110 Lakhs and suitably incorporated in the Project Report.
Being totally NON WOOD Consuming plant with Technology developed & Patented by DR. SK Mittal, which will be instrumental in saving 1,00,000 trees/ year apart from saving millions of cow progeny. Hon’ble Agriculture Minister Utter Pradesh Sri Lakshmi Narayan Chaudhary has announced all kind of assistance and enragement to this unit.

Apart from State Subsidy there are number of incentives as per Industrial Policy of Govt. of Utter Pradesh.
BIS Standard Specification PHYSICAL AND MECHANICAL PROPERTIES OF PLAIN &
PRE-LAMINATED PARTICLE BOARDS GRADE I – EXTERIOR GRADE GRADE II – INTERIOR GRADE
Sr. No Properties Unit PlainParticleBoards
IS 3087 Pre-laminated
Particle Boards
IS 12823
Grade-II Grade-I Grade-II Grade-I
1 Density Kg/m3 500-900 500-900 500-900 500-900
2 Density Variation % +/-10 +/-10 +/-10 +/-10
3 Moisture Content % 5 to 15 5 to 15 5 to 15 5 to 15
4 Modulus Of Rupture
Up to 20mm thickness
Above 20mm thickness
N/mm2
11
11
15
12.5
11
11
15
12.5
5 Tensile Strength Perpendicular To Surface
a) After cyclic test
b) Accelerated water
resistance test N/mm2

0.2
0.15

0.2
0.15
6 Water Absorption
2 Hours
24 Hours %
40
80
10
20
15
30
7
15
7 Thickness Swelling, 2Hours
Soaking, Thickness, Length, Width % 12
0.5
0.5 8
0.5
0.5 8 5
8 Swelling Due To Surface Absorption % 9 6
9 Tensile Strength Perpendicular To Surface
Up to 20mmthickness
Above 20mmthickness N/mm2

0.3
0.3

0.45
0.40

0.3
0.3
0.45
0.40
10 Screw Withdrawal Strength
Face
Edge N
1250
700
1250
850
1250
750
1250
800
11 Abrasion Resistance
1) Type I
2) Type II
3) Type III Revolution
450
250
80
450
250
80

F. MARKET FOR MEDIUM DENSITY FIBRE (MDF) BOARD & Particle board: Since its invention during 1960’s, MDF & Particle board became the market leader in Panel Board applications. MDF & Particle Board exceeds Wood, Plywood in terms of quality & applications. The properties of edge cutting, post- forming, nail holding, bonding & moisture resistance are far better in MDF & Particle Board. We cannot think of modern wood decorations in houses & offices without MDF & Particle Board. They are used for doors, windows, kitchen & office cabinets, drawers, tables & chairs, furniture, indoor stadiums, auditoriums and entertainment halls. They are also used for interior decorations for offices, houses, hotels & restaurants. More & more applications of MDF & Particle Board are being invented now days.
The worldwide market for MDF & Particle Board is increasing at a faster rate of 12% – 16% per annum. The international market prices of MDF Board range from $250 – 310 per m3. The international prices of Particle board range from 175$-200$ per m3.
MDF & Particle Board is engineered wood. Excellent machinery & application properties makes MDF & Particle Board an economic & future-oriented substitute of solid timber. The uses of MDF & Particle Board are limited only by imagination. Doors, windows, furniture, partitions, panelling, packaging, almost everything wood can do better. MDF & Particle Board are flawless, smooth & uniformly strong, easy to cut, machine & joint. MDF & Particle Board won’t splinter or crack. MDF can also be carved like natural timber. MDF & Particle Board can be made available for interior & exterior grades, plain or laminated. The possibilities from MDF & Particle Board go on & on. MDF & Particle Board has made every other wood belong to the past. High Density Fiber board can be used to make wooden floorings.
MDF & Particle Board have the durability, look, texture, richness & feel of seasoned-treated timber, providing the following advantages –
- No knots or grain - Homogenous, super smooth surface - No seasoning required
- No warping, cracking or splitting - Free from termites & fungus - Moisture resistant
- Fire retardant - Uniform strength in all directions - Unbeatable mach inability
- Compatible with all kinds of finishes - Cuts wastage & production costs.
G. RAW MATERIALS FOR MDF & PARTICLE BOARD –The manufacturing of MDF & Particle Board uses the waste wood, firewood and waste of existing plywood and band saw units which will help in reducing the pollution created by the wood waste of mainly wood based industry.
1. Waste of plywood industry and band saw unit;
2. Wood cuttings & trimmings from sawmills;
3. Sawdust & furniture industry wastes;
4. Lops & tops of poplar & eucalyptus and other similar social forestry
5. MDF & Particle Board from Waste The manufacturing of MDF & Particle Board uses the agro wood, waste wood, and waste of existing plywood and band saw unit which will help in reducing the pollution created by the wood waste of mainly wood based industry.
The saw milling industry, consisting of more than 23,000 units utilizes bulk of the industrial round wood in India. It is estimated that each sawmill will generate 100 – 120 tons of sawdust & wood cuttings per year on an average and make available totally 2.5 million tons of wood wastes, which can provide necessary raw material for more than 50 new MDF & Particle Board.
The Plywood industry produces around 220 Million Sq.Mt. of plywood annually that is around 30 lakh tons of plywood, which generates wood cuttings and dust etc. approximately 20 lakh tons which can be utilised for MDF & Particle Board Plant.
D. MANAGEMENT Company is managed by Board of Directors namely Dr. SK Mittal, Mr. Nitin Kumar Mittal, Chetan Kumar Mittal, apart from professional expertise. At present directors are engaged in Building Hardware business with their mother in the name & style Sri Chamundi Ceramics, the Biggest Ceramic Mall of Mysore city- Present bankers are J&K Bank Limited, Mysore. All are regular income tax payers educated and with full of working experience, market potential & resources.
Key Personnel. DR. S K Mittal Chairman aged 58 Years B.com (Hons.) from Delhi University LLM, P.hD from Belford University USA a known Social Worker & pioneer in this direction of this project . Served as Member Animal Welfare Board of India, Min. of Env., & Forest Govt of India, Member Kerala State Animal Welfare Board and National Executive Committee & South India In charge Govans Vikas Prokost. Recipient of Udyog Patra by the gracious hands of His Excellency President of India Dr. Shankar Dayal Sharma, Udyog Ratna by His Excellency Governor Sri Bhishm Naarayan Singh, Karuna Sagar Award by Hon’ble S. K Patil apart from many laurels citations.
With his was experience in serving cow progeny raw material availability to the tune of 1300-1400MT per day from the waste of the existing he developed many products by the use of Cow dung & Cow urine like Particle Board and applied for Patent on Technology. Looking great advertise value in the field of Service to Speechless Cow Progeny Dr.Mittal selected Mathura for manufacturing activity and installed World’s 1st Cow dung basedParticle Board Plant few months earlier. Looking the VAST market scope
Shri Nitin K Mittal Director Aged 36 Years with Commerce Graduation, a well experienced one of the DIRECTORS of the project and will be looking into the aspects of finance, management, procurement, infrastructure and closely co-ordinate with other promoters in accomplishing the tasks as per the schedule for implementation of the project. Mr Nitin K. Mittal is in charge of the plant who has over 15 years experience in the line of tiles, ceramics.
Shri Chetan K. Mittal Director Aged 30 Years with Commerce Graduation, a well experienced one of the DIRECTORS of the project and will be looking into the aspects of finance, management, procurement, infrastructure and closely co-ordinate with other promoters in accomplishing the tasks as per the schedule for implementation of the project. Aged 30 Year young Graduate entrepreneur one of the DIRECTORS engaged in family business of Building Hardware with marketing experience will be handling project marketing. Mr Chetan K. Mittal is in charge of the Marketing who has over 10 years marketing experience in the line of tiles, ceramics.
PARTICLE BOARD MANUFACTURING PROCESS –
Till now PARTICLE Board making Plants are designed to utilizes low-cost wood wastes, saw dust, & waste of ply board industry lops and tops of plantation forests viz eucalyptus and poplar as the raw material. A big danger to Echology and environment. A new process has been developed by DR. SK Mittal eliminating the use of any kind of wood and to consume Cow dung available in abundance in each and every corner of country. The result is a quality & highly versatile panel product with unlimited applications in furniture, packaging construction & related industries.
Particle Board is nearest to the natural wood among all wood-based panels. Particle Board has the most extensive applications because it possesses many merits such as smooth face, uniform core layer, superior performance of machining and shaping at the surface & edge.
The Particle Board production line mainly includes chipping, screening, flaking, glue preparation, drying, mat forming, pre-pressing, loading & unloading, hot pressing, edge trimming & sanding. The process starts from the wood yard of wood, wooden chips wood waste/ saw dust yard, which is designed to ensure continuous & un-interrupted supply of wood for the following stages–
Particleboard Fiber arrangement
O PLANT & MACHINERY FOR PARTICLE BOARD PROJECT
1 Hammer Mill to crush 1 Set
2 Dryer 2 Sets
3. Conveyor System 3 Sets
4 Multi Size Vibration Separator 1 Set
5 Resin Plants including reactors, storage tanks & pipelines - 1 set
6 Thermal fluid heaters, air compressors Exhaust , and other utilization 1 set
7 Particle Board production line complete individual equipments lined up for production, with a capacity of 20,000 m3 / year(15,000 tons), 8’X4’ & 4’ X 3’ size
8. DD Saw Cutting Machine
9. Surface Sanding Machine
10 Cooling Chambers
11 Electrical control panels, motors, starters & cabling - 1 set
12 Erection, commissioning, trial run & training the staff
The project is planned to provide an alternate to the plywood. Since manufacturing of plywood leads to cutting of invaluable forest cover, therefore the Particle Board as well as is the future requirement of India. The manufacturing of Particle Board uses the waste wood, firewood and Saw Dust and waste of plywood industry and waste of furniture industry. This will also help in reducing the pollution created by the wood waste of many wood based industries. The proposed project will give employment to more than 500 persons in the state in addition to the employment by the small ancillary units came up with the establishment of the proposed project.
P. TECHNICAL SEQUENCE IN BRIEF OF PARTICLE BOARD LINE
FLOW CHART

Photo Diagram of Particle Board a product developed by the use of Dung & Agro Waste
By Dr. SK Mittal B.Com (Hons) LLM, P.hD
.
Top Surface Inner Portion showing Cow Dung & Fiber Corner & Side Position Side internal position

Another top and side position International Core Position Side & Middle position

PROCESS FLOW DIAGRAM FOR THE PRODUCTION OF PARTICLE BOARD – DEVELOPED by DR.SK Mittal B.Com (Hons) LLM. P.hD

Cow Dung Cake making & Drying Cutting Crushing

Sugar Mill Bagass Drying Cutting Crushing Sieving

Glue Mixer Cattle Body Mixture Tray Casting Pre Press

Boiler Hydraulic Power Press Board Drying Raw Board

DD Saw Cutter Sanding Machine Pasting Machine Cold Press

Plain Veneer + Laminated Reinforced High Tensile
Particle Board Plain –Veneer – Laminate Laminated - Water proof-Heat Resistant-Anti Radiant- Termite Proof – high tensile Echo friendly Particle Board made by the use of Dung & other agro Waste Thickness 3 mm to 45 mm in different Sizes for different uses.
Different Uses of Particle Board

Carving Toys Partition Modular Furniture Dressin g Table Office Furniture Sound Box Office Furniture
Dressing Table Shiel d Ash Tray Prefab Hut Modular Furniture TV TROLLY Floorings.

This line comprises chipper, flakes preparation section, drying and sifting section, glue regulating and applying section, forming and hot pressing section, rear-processing section and sanding section.
1. Drying section Raw material is sun dried in open yards before feeding to Crushing Hammer mill.
2. Drying and Screening Section The dried Cow Dung & Sugar Cane Bagasse is Crushed and dust parts removed & conveyed by a screw conveyer to the rotary dryer, to dry until its water content meeting technical requirement, then transported by a fire-proof screw to a swing screen and blow to a wind separator. Oversize flakes are send to double-stream mill to be re-crushing, together with fine flakes from the separator, are blown to surface flake bin. Qualified flakes come from the separator are sent to core flake bin.
4. Size bifurcation – Material is passed through Agitator Sieve for grading and size bifurcation
3. Glue regulating and applying section After scaling, the core and surface flakes are to be effectively and uniformly mixed with qualified glue in the blender. Usually urea formaldehyde resin is used as the binding agent in the blender Glue is made from urea-formaldehyde, wax emulsion and ammonia chloride etc according to reasonable proportion.
4. Forming and hot-pressing section The surface and core flakes are sent into forming Table and forming which features by top and bottom layer with fine flakes, coarse flakes in the core layer, gradually changed structure.
The Loose mat is fed to the continuous prepress and compact mat formed. This mat is fed to the hot press after being cut to desired length and width cut by longitudinal and crosscutting saw,. Mat after pressing will be transported to next process by conveyors. The stacked raw board will be shifted to the storage godown for curing.
6. Sanding section The boards will be sent to sanding machines to reach a high quality surface.
Q Building area requirement for MDF/ Particle Board Plant

a) For Plant & Machinery 10,000 sq. ft.
b) For Plant & Machinery outside the main building (only roofing & side covering required)
2,000 sq. ft
c) For storage & dispatch 5,000 sq. ft
d) For security, office, stores, workers changing room, canteen, R & D, laboratory, utilities etc.
1,500 sq. ft
18,500, sq. ft
e) Cow dung / Bagasse storage yard 50,000 sq. ft
Minimum total required land area 68,500 sq. ft.
6. Estimated total land requirement 6270 Sq. Mtr
R. Details of cost of the project: (Rs.in Lakhs)
i. Land 85
ii. Building – Factory - Non Factory 70
iii. Plant & Machinery 155
iv. Misc. Fixed Assets 12
v. Pre-operative Expenses 12
vi. Security Deposits 6
vii. Contingencies 10
viii Margin Money for working Capital 30
TOTAL 380
1. Land The project is planned in UPSIDC INDL AREA KOSI at 6.270 MTR land at Industrial Park at The cost of land including land and site development is Rs85 lacs.
2. Civil Work Construction of Building with area of 18,500 sq ft @ amounting to Rs70 Lacs has been considered.
3. Plant & Machinery The cost of plant & machinery has been estimated based on orders placed and Performa invoices received from suppliers the details are at RS.155.00 Lakhs
5. Pre-operative expenses
Pre-operative expenses of Rs.5.00 lakhs are mainly on account of traveling expenses, interest during construction, cost on labour, employees, foreign travel, statutory expenses, etc. The project has gestation period of 14 months till the date of trial production.
6. Interest during construction
Since the production is likely to commence from April 2009, the interest has been worked out as per the loan drawl schedule, which is given as a part of the project report. The disbursement for the term loan will commence from January, 2008. It is also proposed that advance for the equipments shall be paid out of proposed contribution to be brought in by Promoters. The Interest during construction has been estimated at Rs.1000.00 lakhs and same is capitalized on a pro-rata basis to respective assets
All the above raw materials (Paper, Chemicals, Resin, PVC & Wood etc.) are easily available in market. The company in the up stream project shall manufacture main raw material i.e Particle Board, MDF & Impregnated Paper, which will be used for making value added products. None of the item required by the company is proprietary or patented in nature.
7. Contingencies
Provision for contingencies has been considered @5%of the civil work, and misc fixed assets 2%on plant & machinery, and preoperative expenses to cover cost escalation and unforeseen expenses
8. Margin Money for Working Capital
The working capital requirement has been worked on the basis of raw material levels of 60 days, work in progress of 3 days and finished goods of 30 days, 15 days credit period from suppliers and 45 days credit period to customers have been considered
The total net requirement of the company works out Rs 5544 lacs. The margin money requirement works out to be Rs1386 lacs , which has been provided in the project cost. The increase in margin money requirement in future years will be met through internal accruals.
U. MEANS OF FINANCE:
The project is proposed to be funded by term loans from banks and equity contribution from promoters in debt equity ratio of 2.33:1 .The proposed means of finance are as under:
Particulars Cost (Rs Lacs)
Promoter’s contribution 100
Term Loan 220
Total 320 Promoters contribution The total promoters contribution is 30-32 % of the project cost which is already brought as Paid up Capital RS.50.00 Lakhs & Unsecured Loans RS.50.00 Lakhs.
Term Loan The company proposes to part finance the project through term loan of Rs 220 lacs in two phases. RS. 100 Lakhs immediately & RS.120 Lakhs at the time of purchase & shifting of Plant at new site.
V. Marketing & Selling Arrangements:
As the Pilot project was launched few months earlier and marketing set up is already in hand in AGRA, Mathura, Delhi, and even.in South India. Export negotiations are on with US, Madagascar, Gulf buyers
Power Consumption:.
The total requirement of power at full capacity has been estimated at 140 KW utilization, operational load is estimated at 80 kw.The Firm will approach for sanction of power from UP State Electricity Board.. The Company has installed 70 KW DG Set for emergency operations, meeting office and general lighting requirements and the process requirements of critical machines..
Heat Required (K. Cal.)The estimated requirement of heat for various sections of the plant is met by Hot Hoter Generator / Steam Boiler of 2 MT Capacity.
Water The total requirement of water in the operation of the firm is estimated at 7.5 K. Ltr. per day. Manpower
Total Manpower requirement (Plant) -
Particular No.
Works Manager 2
Manager 3
Supervisor 6
Skilled Labor 35
Un-skilled 34
Total 80 Total Manpower requirement (Administrative & Marketing)
GM Finance 1
GM Marketing 1
Marketing 5
Administrative / Office Staff 8
Grand total 15

We are in the process of recruiting manpower for the project and some persons have been already appointed. We are looking for both skilled and unskilled manpower across various functional areas and ensure their technical / professional competence. We are looking at recruiting personnel from various parts of the country.
Our proposed projects being located at ELDECO SIDCUL INDUSTRIAL PARK SITARGANJ in the State of Uttarakhand, which is an established industrial town, we do not foresee any difficulty in the availability of and recruitment of the requisite quality manpower.
Effluents: In the manufacturing process of all the products there are no major solid, liquid or gaseous effluents having need to treat them before disposal,. The Company will obtain NOC from the Department of Pollution of the State Government. The entire project will be commissioned as per the Norms established by pollution Control Board
Expected Capacity/ Turnover for – All Products (in Cubic meters./ Kilo Ltrs )
% Capacity utilization 2010-11 2011-12 2012-13
Particle Board 60% 80% 90%
Thickness Total
9 mm
12 mm
18 mm
26 mm
31 mm 10%
30%
20%
30%
10%
Capacity 21,000
Cubic Mtr /year
12,600 RS.936 Lakhs 16,800
RS. 1248 Lakhs 18,900
RS.1435 Lakhs
Cow Urine based Products 120KL
Phenyl
Distilled Cow Urine
Shampoo
Han d Wash
Mosquito Repellant Oil Etc. 720KL
RS.180 Lakhs

960 KL
240 Lakhs 1080KL
270 Lakhs

GAUVARDHAN ORGANICS PVT LIMITED
MANUFACTURING - TRADING, PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDING:
<----- 31st March ending ----->
Particulars 2010 2011 2012 2013 2014 2015 2016 2017
Estimated Projected Projected Projected Projected Projected Projected Projected
Installed Capacity 1100 1100 1100 1100 1100 1100 1100 1100
Utilized capacity 20.45% 36.36% 46.36% 54.55% 60.00% 60.00% 60.00% 60.00%
Sales Net 225.00 400.00 510.00 600.00 660.00 660.00 660.00 660.00
Excise 24.11 42.86 54.64 64.29 70.71 70.71 70.71 70.71
Clog Stock WIP & FG 15.00 21.00 21.00 21.00 21.00 21.00 21.00 21.00
TOTAL 264.11 463.86 585.64 685.29 751.71 751.71 751.71 751.71
Opening Stock - 15.00 21.00 21.00 21.00 21.00 21.00 21.00
Purchases 66.00 84.50 102.00 120.00 132.00 132.00 132.00 132.00
Carriage In words 22.50 40.00 51.00 60.00 66.00 66.00 66.00 66.00
Closing Stock of RM 6.00 7.50 7.50 7.50 7.50 7.50 7.50 7.50
Cost of RM Consumed 82.50 132.00 166.50 193.50 211.50 211.50 211.50 211.50
Consumables 6.75 12.00 15.30 18.00 19.80 19.80 19.80 19.80
Power Charges 28.13 50.00 63.75 75.00 82.50 82.50 82.50 82.50
Coal & other fuel exp 4.50 8.00 10.20 12.00 13.20 13.20 13.20 13.20
Insurance 0.21 0.22 0.23 0.24 0.26 0.27 0.28 0.30
Freight, Cartage 22.50 40.00 51.00 60.00 66.00 66.00 66.00 66.00
Repairs & Maint. 3.38 6.00 7.65 9.00 9.90 9.90 9.90 9.90
Duty paid 24.11 42.86 54.64 64.29 70.71 70.71 70.71 70.71
Wages 11.27 33.80 36.50 39.42 42.58 45.98 49.66 53.64
Cost of production 183.33 324.88 405.78 471.45 516.45 519.87 523.56 527.55
Gross Profit 80.77 138.98 179.86 213.83 235.27 231.85 228.16 224.17
Other income 0.19 0.34 0.43 0.51 0.56 0.56 0.56 0.56
Administrative & Selling expenses:
Advertisements exp 0.60 1.20 1.32 1.45 1.60 1.76 1.93 2.13
Bank charges 2.50 0.25 0.28 0.30 0.33 0.37 0.40 0.44
Audit fee 0.25 0.30 0.32 0.33 0.35 0.36 0.38 0.40
Carriage Outwards 2.81 5.00 6.38 7.50 8.25 8.25 8.25 8.25
Donations 0.10 0.11 0.12 0.13 0.15 0.16 0.18 0.19
Estab. Exp 0.18 0.33 0.35 0.36 0.38 0.40 0.42 0.44
Misc expenses 0.14 0.22 0.24 0.27 0.29 0.32 0.35 0.39
Postage, telephone 0.21 0.48 0.53 0.58 0.64 0.70 0.77 0.85
Printg and Stationery 0.31 0.28 0.29 0.31 0.32 0.34 0.36 0.38
Professional Tax 0.02 0.02 0.02 0.02 0.02 0.02 0.02 0.02
VAT Renewal 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01
Rent leasing charges 0.60 1.26 1.32 1.32 1.32 1.32 1.32 1.32
Gl. Rep. & Maint. 0.06 0.15 0.16 0.17 0.19 0.20 0.22 0.23
Salary to staff 6.93 20.80 23.92 27.51 31.63 36.38 41.84 48.11
Royality / Comm. 11.25 20.00 25.50 30.00 33.00 33.00 33.00 33.00
Travel and Conveya 0.30 0.60 0.63 0.66 0.69 0.73 0.77 0.80
VAT - Net 12.50 22.22 28.33 33.33 36.67 36.67 36.67 36.67
PBDIT 42.19 66.09 90.58 110.08 119.98 111.41 101.83 91.09
Int. on Workg Capital 4.03 4.23 4.15 4.07 3.98 3.90 3.83 3.75
Interest payment 12.33 23.42 19.56 15.61 11.67 7.72 3.78 0.41
PBDT 25.83 38.43 66.88 90.40 104.33 99.79 94.22 86.93
Depreciation 12.50 20.75 18.68 16.81 17.23 17.90 18.61 19.25
PBT 13.33 17.68 48.20 73.59 87.10 81.88 75.61 67.67
Taxation 2.67 5.31 14.46 22.08 26.13 24.56 22.68 20.30
PAT 10.66 12.38 33.74 51.51 60.97 57.32 52.93 47.37
Net profit to cap. A/c 10.66 12.38 33.74 51.51 60.97 57.32 52.93 47.37
GAUVARDHAN ORGANICS PVT LIMITED
BALANCE SHEET AS AT <----- 31st March ending ----->
Particulars 2010 2011 2012 2013 2014 2015 2016 2017
Authorized Capital Estimated Projected Projected Projected Projected Projected Projected Projected
50,000 Shares of Rs. 100each 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00
Issued, Sub. & Paid up Capital 50,000 Shares of Rs.100 each 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00
Unsecured Loans 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00
General Reserve
P&L Account 10.66 23.04 56.79 108.30 169.27 226.59 279.51 326.89
Term Loan 170.00 147.33 120.13 92.93 65.73 38.53 11.33 -
Working Capital 45.00 55.00 55.00 55.00 55.00 55.00 55.00 55.00
Creditors for materails 4.58 7.33 9.25 10.75 11.75 11.75 11.75 11.75
Others 1.46 2.83 3.41 3.94 4.40 4.68 5.01 5.39
Total 316.71 320.54 329.58 355.92 391.15 421.56 447.61 484.02
Fixed Assets 207.50 186.75 168.08 172.27 179.04 186.14 192.52 198.27
Deposits – Non Current 32.50 32.50 32.50 32.50 32.50 32.50 32.50 32.50
Receivables 45.00 66.00 85.00 100.00 110.00 110.00 110.00 110.00
Stock 21.00 28.50 28.50 28.50 28.50 28.50 28.50 28.50
Cash on hand/Bank 10.71 6.79 15.50 22.66 41.11 64.42 84.08 114.75
Total 316.71 320.54 329.58 355.92 391.15 421.56 447.61 484.02

Prepared by:-
Prakash Shri Krishan & Co Dr. SK Mittal B.Com (Hons) LLM, P.hD
Chartered Accountants Chairman Gauvardhan Organics P. Ltd
Mathura Mathutra

DT.21th Dec., 2009
Manager
IDBI Bank Limited
Mathura

Dear Sir,
Greetings to you,

On behalf of million250 National & millions of Cow progeny of Utter Pradesh most out of 150 million GO BHAKT of Utter Pradesh residents, & my behalf, I extend warm thanks for curtsey extended by you during our visit to Mathura Branch of IDBI Bank Ltd and interest shown by you in the project.

As desired please find attached Project Profile for the Manufacture of Particle board and other Products based on Cow Dung and Cow urine
Government Policy In 1997, the Supreme Court restricted the cutting of trees for manufacturing plywood as it required huge quantities of fresh wood and other ligneous wastes. Faced with the task of developing environment-friendly technology for industry due to guidelines issued by the Supreme Court, entrepreneurs are realizing the cost-effective potential of such technologies and innovations. Apart from all kind of enragement for Agro based, Rural industry for employment generation.
Gauvardhan Organics Pvt Ltd has planed to produce particle board and pharmaceutical & FMCG products by the use of non-conventional raw material, cow dung, Cow Urine ,Cow Milk, Agro & Forest Waste & rural man power.
LOCATION : We have selected Mathura District because of location advantage apart from availability of Raw material. Mathura District is blessed with 6,50,000 cow progeny generating app 6500 MT Cow Dung & 4200 KL Cow Urine every day. More than 50,000 Hectare land is under Sugar cultivation in this District apart from much more hectares in nearby Districts. Mathura is surrounded by large cities like Delhi, Faridabad, Agra, Jaipur etc which are fast growing and potential markets with 2-3 hours distance say with in 50-150 KMS.
Land Requirement :Less than one Hectare .
Electric Power : 140 KW
Workers : 100 Directly
Advantages Apart from other general advantages our project will be a boon for the Rural development and village empowerment by
1) Purchasing cow dung & cow urine at best price.
At present breeder is not getting any money or RS.200-250/- per MT for cow dung whereas we propose to pay RS. 1500/- per MT Total quantity estimated at 200000 Kgs per day
Cow urine- there is no use and buyer till date where as we propose to pay RS 4,000/- per Kilo Ltr. It will bring a market Government of Uttranchal has announced opening of Cow Urine Dairy .
2) Our project will work as a Training Center also for the interested breeders & Farmers in many products which they can make and supply
3) We will be providing Organic products made by the use of Cow dung & Cow Urine in turn will help in health & hygiene of the area population.
4) Our project will provide employment directly thousands families and indirectly to families inwhole area
5) Our project will save ecology by saving 1,50,000 trees every year by producing app. 20,000 MT Particle Board apart from Organic Wood Sticks (Havan Samidha), Gojal (Distilled Cow Urine) Hand Wash, Shampoo, Mosquito Repellant Coil & Liquid , Craft Paper, & many innovative items.
6) Our project will generate revenue for the state with projected turnover of RS. 150 Millon / year.
Process The basic raw material used in the manufacture of particle board will be cow dung. This will perhaps make it the first particle board manufacturing facility using cow dung as the raw material. Particle Board emerging as a viable alternative in designing office furniture, Construction, Sound speakers, Lamination and automation products in inland & overseas markets as compared to wood /Ply Boards. Domestic demand has been posting over 10,00,000 MT a year with annual growth of 10%
Technical Know how We will use a technology developed by DR. SK Mittal with his vast experience, for which Patent is also in process, for the manufacture of particle board from cow dung, , making the end-product cheaper than the conventional products available in the market. The range of products included Particle Board of varying thickness ranging from 8 mm to 45 mm. Depending on thickness, different compositions of up to 80 per cent cow dung mixed with binder & fibrous material like Coir/bagasse according to required application.
We have also planned for the manufacture of allied cow progeny waste based products, which was expected to begin production by the next fiscal year..
Marketing State itself are consuming thousands of tones of Particle board importing from Bangladesh- Indonesia and also from Maharastra & Gujarat by spending freight RS.4-5/- per Sq.feet.
Plant & Capacity We propose to install Particle Board Manufacturing Plant with 70 Cub. Mtr - 40 MT / day Capacity size 4' X 8' & bigger size Boards with required lamination, coating, reinforcement which will be consuming Dry cow dung app. 20 MT / day 6,000 MT/year
Cow Urine Distillation Plant with 3.5 Ltr/ day Capacity. 12000 KL/ year
Project Cost is estimated in 1st phase at RS. 320 Lakhs in which Equity participation of RS.50.00 Lakhs & Unsecured family Loans worth RS.50.00 Lakhs are already invested.
There is no gestation period as project has been installed & inaugurated in the holy presence of Karshni Sri Sri Gurusharnanand Ji of RamanReti Gokul and by the auspicious hands of Hon’ble UP Agriculture Minister Chaudhry Lakshmi Narayan Ji & Agra MP Loksabha Sri Ram Shankar Ji Katheria.
With social and rural uplift ,savior of Cow progeny, Health & Hygiene, women empowerment we feel that this unit be a Land Mark in the history of Ecology, Environment, Rural Development & Employment, Use of Agro & Animal generated waste being world’s 1st Cow dung based Particle Board plant, a process developed and r for which undersigned has proceeded for Patent.
Request: Total Requirement Term Loan for Land & Building, Plant & Machinery RS. 220.00 Lakhs
1st phase RS. 50.00 Lakhs,
2nd Phase RS.120.00 Lakhs
Working Capital Facilities RS. 50.00 Lakhs
Total RS.220.00 Lakhs
Securities offered : Plant & Machinery, Stocks, Receivables in 1st phase
Land & Building, Plant & Machinery, Stocks, Receivables in 2nd phase (April-June,2010)
We will be glad to furnish information as and when desired at your end and request you to please consider our project on merit, & oblige.
With RegardsYours in service to speechless animals

DR. SK Mittal Chairman & MG. Director
Gauvardhan Organics Pvt. Limited
(Helping Hands are more hoiler than speaking lips)

Panchjanya 4.10.2009

2009-12-10T23:49:00.000-08:00

2009-12-03T06:46:00.000-08:00

प्रिय गोसेवक भ्राताओं
जय गोमाता
गोरक्षा कार्य में भाषण, विधि विधान क्षेत्रों में करोडों रूपया दान देकर गोशालाओं का निर्माण और सञ्चालन भारतवर्ष के कोने कोने में देखा जा सकता है। लेकिन हमारा दुर्भाग्य है की यह सभी उपाय कार्य पुरा नही कर पा रहे हैं। आज गोरक्षा का सबसे बड़ा दुश्मन आर्थिक कारण है। ग्रामीण अर्थव्यवस्था की रीढ़ यह गोवंश आज बेसहाय कहलाता है।

रास्ट्रीय स्वयमसेवक संघ के रास्ट्रीय गोरक्षा प्रमुख आज के संत माननीय श्री ओमप्रकाश जी ने एक नया सोच दिया।
गाय ग्वाले के घर पर बंधती है और अगर उसे पालने के लिए प्राप्त राशिः गवाले को मिलने लग जाए तो वोह गोवंश को अपनी बहुमूल्य सम्पति की तरह संभाल कर रखेगा॥ यह राशिः उसे गोबर और गोमूत्र द्वारा प्राप्त हो सकती है। साथिओं एक गोवंश प्रतिदिन लगभग १० किलो गोबर और ७ लिटर गोमूत्र प्रदान करता है। पुरे देश के सन्दर्भ में यह लगभग १०० करोड़ टन गोबर और ७० करोड़ किलो लिटर गोमूत्र प्रदान करता है।
अगर गोबर रूपये २/- प्रति किलो और गोमूत्र रुपया ५ प्रति लिटर खरीदना चालू हो जाए तो प्रति गोवंश ग्वाले को रुपया ५५ प्रति दिन की प्राप्ति हो सकती है । यह दाम उसे कोई उद्योगपत्ति ही कच्चे माल की तरह प्रुक्त कर प्रदान कर सकता है।
इस सोच को लेकर माननीय के आदेशानुसार गोवर्धन उद्योग का प्रारम्भ हुआ है। यह ३ मास का शिशु आज लगभग ५००० लिटर गोमूत्र और लगभग ५००० किलो सुखा गोबर (कंडे ) प्रतिदिन खरीदने की क्षमता विकसित कर चुका है । आज हम शुद्ध प्राकृतिक फिनायल, कीमती हेंडवाश, गोजल अर्क, धुप, हस्त प्रक्षालन मुक्त पावडर, समिधा हवं लकड़ी और विशेषत: विश्व में पृथम बार पार्टिकलबोर्ड का उत्पादन कर रहे हैं।
हमारे कार्यस्थान पर गोमूत्र हमे रु. ४-५ प्रति लिटर और गोशालाओं से खरीद रु। ३/- प्रति लिटर पर की जा रही है। जल्दी ही हम इस दर को और बढ़ा सकें, ऐसी हमारी कामना है।

प्रिय गोशाला में मेरे साथिओं, ब्रजमंडल की लाखों गायों की रक्षा का भार आप महानुभावो ने अपने कंधो पर उठा रखा है। 'गोवर्धन ' आपके इस सरहानीय प्रयास का सहयोगी है और प्रतिदिन लगभग रु. १५-२०,००० गोमूत्र और रु. १०,०००/- सूखे गोबर के खरीदी के माध्यम से विभिन्न गोशालाओं के नित्य प्रति के व्यय में एक लघु सहयोग देने का प्रयास कर रहा है
आप को गोमूत्र के संग्रह के सुचारू स्वास्थ्य व्यवस्था करनी है जैसे गोघर को नित्य धुलवाना, फर्श पक्का करना
और गुमुत्र नाली में जाए ऐसी व्यवस्था करना । के सामने हौदी बनाना जिसमे गोमूत्र संग्रह होसके। इन होदिओं से मोटे कपडे से छान कर ड्रम में भर कर आप हमे दे सकते हैं।
ड्रम भेजने और भरने के पश्चात उठाने के जिम्मेदारी हम वहन कर सकते है
आप को और कोई जानकारी इस विषय में चाहिए तो निशंकोच ९४८१०८८३००३ पर मेरे से ले सकते हैं ।
गोवर्धन द्वारा उत्पादित पूर्ण सुरक्षित प्राकृतिक वस्तुओं का विक्रय आप अपने स्थानों पर प्रारम्भ कर बिक्री का लगभग चौथाई भाग अपनी गोशाला के कार्यों में उपयोग कर सकते हैं
हमारा उद्देश्य गोरक्षा हम सभी मिल कर पुरा करें ऐसी मेरी प्रभु गोवर्धन से प्रार्थना है
गोसेवा में रत आपका साथी
डॉ श्री कृषण मित्तल
अध्यक्ष गोवर्धन उद्योग
दक्षिण भारत प्रभारी एवम रास्ट्रीय कार्यकारिणी सदस्य
भा जा पा गोवंश विकाश प्रोकोस्ट
अध्यक्ष :कर्नाटक गोशाला महासंघ
सदस्य और कर्नाटक केरल समिति प्रभारी
भारतीय जीव जन्तु कल्याण बोर्ड
सदस्य केरल राज्य जीव जंतु कल्याण बोर्ड

गोवर्धन udyog

2009-06-21T11:21:00.000-07:00

कसयिखाना क्यों नही चाहिए -एक वीवेचन

2009-06-21T09:22:00.000-07:00

देश में एक बडा सवाल है की कसाईखाना होना चाहिए या नही।
अगर हाँ तो कहाँ, कितना बड़ा कोन चलाये ?
क्या यह सेवा है या उद्योग और व्यापार है?
छेत्र की कीतनी जरुरत है ?
उस छेत्र में जानवरों की कितनी संख्या है?
जनता क्या चाहती है ? वीधी वीधान क्या नीर्देश दे रहे हैं ?

इन सब का जवाब खोज कर निम्नलिखीत पत्र त्यार किया गया जो हर छेत्र और संदर्भ में मार्ग दर्शन करसकता है?

डॉ. मीतल का गोवंश आधारित उद्योग सेमिनार में भाषण

2009-06-21T08:34:00.000-07:00

गाय गाँव गोशाला स्वालंबन

2009-06-21T07:48:00.000-07:00

बैल शक्ती- आर्थीक उत्थान का माध्यम

2009-06-21T05:30:00.000-07:00

गोवंस व् उद्दोग के मध्यम से गोवंश रक्षा, सम्वर्धन व् वीकाश

2009-06-21T04:24:00.000-07:00

गोवंश आधारीत उद्योगों द्वारा गोवंश सम्वर्धन गौरक्छा, ग्राम, स्त्रिश्क्ती, युवाशक्ति का वीकाश -हमारा संकल्प देश में उपलब्ध १०० करोड़ तन गोबर तथा ७० करोड़ कीलोलीटर गोमूत्र द्वारा देश की अर्थव्यवस्था में रु . २० लाख करोड़ वार्षीक का योगदान

गोवर्धन उद्योग के बढ़ते कदम मथुरा से प्रारम्भ हो मैसूर में भी स्थापित हो रहे है हम

प्राणी बली - क्या वैधानिक है -क्या सही है

2009-06-21T03:08:00.000-07:00

गोवंश शक्ती

2009-05-31T09:28:00.000-07:00

गौरक्षा के आयाम में आर्थीक स्वालंबन एक महत्व पूर्ण कड़ी है गोवंश को बेसहारा प्रश्रीत और भर ख कर कसाई को बेच दीया जाता है, यह नीर्वाद सत्य है की गोवंश का ग्रामीण अर्थ व्यवस्था के साथ पुरातन नाता है । इसे कामधेनु, नंदी, वर्षभ नाम से स्मरण किया गया है। ग्राम अर्थ व्यवस्था की मुख्य कड़ी यह आज पूर्ण अहीन्सक, गौभक्त समाज को पुकार रहा है और याद दीला रहा है की प्रुकृती की यह आज भी देश के स्वास्थ्य, रोजगार और अर्थ व्यवस्था को बडा सहयोग दे सकती है अगर इस की शक्ती और गोमी को पूर्ण रूप से उपयोग में लाया जाए तो करोडों बेरोजगारों को रोजगार, शुद्ध प्राकृतीक उत्पाद ग्राम से शहर की और पलायन की रोक, देश की वीद्युत व् इंधन का साधन, देश की अर्थ व्यवस्था में लाखों करोड़ का वार्षीक योगदान देने में स्क्छ्म है।

देश का गोभक्त आज उपरोक्त सचाई को स्वीकार कर चुका है । पुरेi देश में गोवंश की चर्चा है लेकीन क्या उत्पादन करे, कैसे करे, किस तकनीक का उपयोग करे, क्या लागत आएगी, उत्पाद कहाँ बेचे जायें तथा बाज़ार में उत्पादों से स्पर्धा कैसे की जाए आदी की खोज में है । इन सभी प्रश्नों का उत्तर देने के लीये सीक्षण व्र्ग एक आवश्यकता है।

आईये इस वीश्य पर चर्चा करते हैं

प्रथम प्रश्न गोपालक के यहाँ से उद्योग तक आपूर्ती का आता है, वैसे तो जहाँ यह कुटीर उद्योग लगें वहां गोवंश पाया जाएगा और बाज़ार भी वहीं का होगा ऐसा माना जाना चाहिए।
उद्योगों को लागत के आधार पर बाँटने से कार्य और सरल होगा आदी आवश्यकताएं और इनके लीये पूंजी की जरूरत होती है।

गोवंश आधारीत उत्पाद रु.२५,००० - २,50,०००,/- , २,५०,००० -25,००,०००/- ,25,००,००० से ज्यादा लागत श्रेणी में विभाजीत कीये जा सकते है।
i
१) हमे चाहिये गोपालक से लेकर मध्य कार्य उद्योग तक पहुचने वाले व्यापारी
२) मध्य कार्य उद्योग यानी उत्पादक को गोबर,गोबर पावडर, गोबर रेशा,वशापीकृत,
प्रिसकरत गोमूत्र के उद्योग
३)विभन्न उत्पाद नीर्माता
४) विक्रय के लीये बाज़ार और व्यापारी

गोमाता की दुर्दशा

2009-04-12T09:35:00.000-07:00

http://picasaweb.google.co.in/awbikk/BJPGOVANSVIKASHPROKOSHT245NationalMeeting?feat=directlink

2009-04-12T09:28:00.000-07:00

2009-03-19T03:31:00.001-07:00

गोवर्धन उद्योग के बढ़ते कदम

2009-03-19T02:26:00.000-07:00

गोवंश की रक्षा और महत्ता के लिए पूर्ण भारतवर्ष चिंतित और प्रयत्नशील है। धर्म, विधि विधान, भाषण, यात्राएं आन्दोलन सभी कुछ करने के पश्चात व् प्राणी प्रिय बहरात्वसिओं का करोडो रुपये का गोशालाओं को दान भी आज गोवंस रक्षा में सक्षम नही हो पा रहा है । संघ परिवार के विभिन्न आयाम गत कई वर्षों से गोवंस की आर्थिक महत्ता सिध्ध करने में जूते है। नागपुर में विश्व हिंदू पारिषत का देवलापार प्रकल्प, भारतीय जनता पार्टी का गोवंश विकास प्रोकोस्ट , lअख्नाऊ की प्रकृति भारती ,राजस्थान का गोशाला संघ, कानपूर गोशाला आदि संस्थाएं देश को नई नई वस्तुओं के विषय में बता रही और प्रेरित कर रही हैं।
गोशालों को स्वालंबी बनने का अथक प्रयास पुरा परिणाम नही ला पा रहा है । माननीय श्री ॐ प्रकश जी का सोच : गय ग्वाला पालता है : गोबर और गोमूत्र के दाम जिस दिन उसे मिलने लगेंगे वह गोवंश पालन करेगा और कसाई को नही बेचेगा। इस कार्य के लिए उद्योग्पत्शन को आगे आणा होगा ।
इस विचार का कार्यरूप गोवर्धन उद्योग, एक तीन माह का शिशु आपके सामने है
ब्रजमंडल ke मथुरा जिले में प्रारम्भ यह विश्व की पृथम गोबर से पार्टिकल बोर्ड बनने वाली इकाई घोषित हुई है।
आप की यह संस्था आज गोबर और गोमूत्र विभिन्न गोशालाओं और गोपालकों से खरीद कर रही है जिसने पुरे ब्रजमंडल में गोबर और गोमूत्र के दाम बना दिए हैं। भारत का शायद सबसे विशाल गोमूत्र वाष्पीकरण यंत्र ५,००० लिटर प्रति दिन की क्षमता रखता है।
हमारे उत्पाद
गोवर्धन प्राकृतिक फिनायल पूर्ण वाष्पीकृत गोमूत्र आधारित यह फिनायल कीमती शुद्ध प्राकृतिक तेल, जडी बूटी द्वारा बना कर ५०० मिली लिटर, १ लीटर और ५ लिटर में भर कर विभिन्न रंग और गन्धो के साथ बाज़ार में उतआरी गई है
गोवर्धन गोजाल अर्क पूर्ण सुरक्षा और विज्ञानिक तरीकों से त्यार कर देश के प्रशिध पूजनीय बाबा रामदेव जी के संस्थानों को भेही जा रही और बाज़ार में उतारी गई है। इसका हमारा स्वयम उपयोग भी है।

गोवर्धन समिधा हवन समिधा पर्यावरन और वन सुरक्षा के साथ कर्मकांड में शुद्धता की एक जरूरत को पुरा कर रही है। शुद्ध गोवंश गोबर के साथ विभिन्न जडी बूटी और कास्ट दाल काट त्यार किए यह डंडे विदेशों में भी जन मानस को हवन करने को प्रेरित करेंगे
गोवर्धन प्राकृतिक धुप आज के बाजारों में उपलब्ध अत्ति ख़राब वस्तुओं से बनी सामग्री के विकल्प के रूप में गोबर , गोघृत और २५ जडी बुशन को मिला कर त्यार की गई है
गोवर्धन हस्त प्रक्षालन (हैण्ड वश ) आधुनिक घरों और कार्यलयों की स्वच्छता की आज एक जरूरत है। परिष्कृत गोमूत्र के आधार परी त्यार यह हेंड वाश जल्दी ही हर घर की शोभा बनेगा
गोवर्धन मुक्त हस्त प्रक्षालन पावडर भी इसही का अन्सर्ण और आदुनिक और पुरातन का मेल है जी रड़क और मुलामियत दोनों प्रदान करता है
पार्टिकल बोर्ड तो आज गोमाता की शान है जिसका उपयोग हम कम कीमत के घर बनाने में कर के दिखा रहे हैं। ६ मम से ७५ m m मोटा हल्का (Low and High density लेमिनेटेड, आदि विभिन् प्रकार का यह उत्पाद आज जल, अग्नि, परमाणु विकरणसे मुक्त कीट से सुरक्षित और विभिन्न उद्योगों का कच्छा माल है
पूर्ण संघ परिवार और विशेषत: माननीय श्री ॐ प्रकाश जी की यह कल्पना आगे बढ़ने को तत्पर है और भविष्य में
१। सभी गोवंश आधारित वस्तुओं का उत्पाद हमारा लक्ष्य है
२। २०० जिलों में गोशालों और गोपालकों की ३ स्मश्याएं -कैसे बनाएँ, किश से बनाएँ और कहाँ बेचें को दूर करने के लिए पूर्ण तकनीकी जानकारी, मशीन और वस्तों की जानकारी और बिक्री में सहायता यानि अपने गोवर्धन ब्रांड में खरीदना हमारा संकल्प है
३। केन्द्रीय और राज्य सरकारों को प्रेरित कर गोबर और गोमूत्र डेरी खुलवा कर गोपालक को गोबर और गोमूत्र के अच्छे दाम दिलवाना और राज्य और जनता साझेदारी में उद्योग विकसित कर देश ही नही विदेशों में भी गोमाता के नाम का प्रसार करना हमारा उदेश्य होगा।
४। इस उद्योग का लाभ मुख्यत: गोवंश रक्षा में प्रयोग में लाया जाएगा
आप सभी से अनुरोध है की इस विषय में कोई भी जानकारी हमे ऐना चाहें या हमारे से चाहे तो अवस्य सम्पर्क करें

आप का शुभाकांक्षी
डॉश्री कृष्ण मित्तल

ब्रिज्मंडल की गोशालाओं को खुला पत्र

2009-02-24T06:10:00.000-08:00

प्रिय गोसेवक भ्राताओं
जय गोमाता

गोरक्षा कार्य में भाषण, विधि विधान क्षेत्रों में करोडों रूपया दान देकर गोशालाओं का निर्माण और सञ्चालन भारतवर्ष के कोने कोने में देखा जा सकता है। लेकिन हमारा दुर्भाग्य है की यह सभी उपाय कार्य पुरा नही कर पा रहे हैं। आज गोरक्षा का सबसे बड़ा दुश्मन आर्थिक कारण है। ग्रामीण अर्थव्यवस्था की रीढ़ यह गोवंश आज बेसहाय कहलाता है।

रास्ट्रीय स्वयसेवकसंघ के रास्ट्रीय गोरक्षाप्रमुख आज के संत माननीय श्री ओमप्रकाश जी ने एक नया सोच दिया।

गाय ग्वाले के घर पर बंधती है और अगर उसे पालने के लिए प्राप्त राशिः गवाले को मिलने लग जाए तो वोह गोवंश को अपनी बहुमूल्य सम्पति की तरह संभाल कर रखेगा॥ यह राशिः उसे गोबर और गोमूत्र द्वारा प्राप्त हो सकती है। साथिओं एक गोवंश प्रतिदिन लगभग १० किलो गोबर और ७ लिटर गोमूत्र प्रदान करता है। पुरे देश के सन्दर्भ में यह लगभग १०० करोड़ टन गोबर और ७० करोड़ किलो लिटर गोमूत्र प्रदान करता है।

अगर गोबर रूपये २/- प्रति किलो और गोमूत्र रुपया ५ प्रति लिटर खरीदना चालू हो जाए तो प्रति गोवंश ग्वाले को रुपया ५५ प्रति दिन की प्राप्ति हो सकती है । यह दाम उसे कोई उद्योगपत्ति ही कच्चे माल की तरह प्रुक्त कर प्रदान कर सकता है।

इस सोच को लेकर माननीय के आदेशानुसार गोवर्धन उद्योग का प्रारम्भ हुआ है। यह ३ मास का शिशु आज लगभग ५००० लिटर गोमूत्र और लगभग ५००० किलो सुखा गोबर (कंडे ) प्रतिदिन खरीदने की क्षमता विकसित कर चुका है । आज हम शुद्ध प्राकृतिक फिनायल, कीमती हेंडवाश, गोजल अर्क, धुप, हस्त प्रक्षालन मुक्त पावडर, समिधा हवं लकड़ी और विशेषत: विश्व में पृथम बार पार्टिकलबोर्ड का उत्पादन कर रहे हैं।हमारे कार्यस्थान पर गोमूत्र हमे रु. ४-५ प्रति लिटर और गोशालाओं से खरीद रु। ३/- प्रति लिटर पर की जा रही है। जल्दी ही हम इस दर को और बढ़ा सकें, ऐसी हमारी कामना है।

प्रिय गोशाला में मेरे साथिओं, ब्रजमंडल की लाखों गायों की रक्षा का भार आप महानुभावो ने अपने कंधो पर उठा रखा है।

'गोवर्धन ' आपके इस सरहानीय प्रयास का सहयोगी है और प्रतिदिन लगभग रु. १५-२०,००० गोमूत्र और रु. १०,०००/- सूखे गोबर के खरीदी के माध्यम से विभिन्न गोशालाओं के नित्य प्रति के व्यय में एक लघु सहयोग देने का प्रयास कर रहा है

आप को गोमूत्र के संग्रह के सुचारू स्वास्थ्य व्यवस्था करनी है जैसे गोघर को नित्य धुलवाना, फर्श पक्का करना और गोमूत्र नाली में जाए ऐसी व्यवस्था करना । के सामने हौदी बनाना जिसमे गोमूत्र संग्रह होसके। इन होदिओं से मोटे कपडेसे छान कर ड्रम में भर कर आप हमे दे सकते हैं। ड्रम भेजने और भरने के पश्चात उठाने के जिम्मेदारी हम वहन कर सकते है

गोवर्धन द्वारा उत्पादित पूर्ण सुरक्षित प्राकृतिक वस्तुओं का विक्रय आप अपने स्थानों पर प्रारम्भ कर बिक्री का लगभग चौथाई भाग अपनी गोशाला के कार्यों में उपयोग कर सकते हैं

आप को और कोई जानकारी इस विषय में चाहिए तो निशंकोच ९४८१०८८३००३ पर मेरे से ले सकते हैं । हमारा उद्देश्य गोरक्षा हम सभी मिल कर पुरा करें ऐसी मेरी प्रभु गोवर्धन से प्रार्थना है
गोसेवा में रत आपका साथी

डॉ . श्री कृषण मित्तल
अध्यक्ष गोवर्धन उद्योग
दक्षिण भारत प्रभारी एवम रास्ट्रीय कार्यकारिणी सदस्य
भा जा पा गोवंश विकाश प्रकोस्ट
अध्यक्ष :कर्नाटक गोशाला महासंघ
सदस्य और कर्नाटक केरल समिति प्रभारी
भारतीय जीव जन्तु कल्याण बोर्ड04-07

सदस्य केरल राज्य जीव जंतु कल्याण बोर्ड

What is our aim Banning slaughter or saving Cow progeny ?

2008-09-10T00:33:00.000-07:00

Some of my friends ask about action of this party or that party. Some ask non action. Some say running of slaughter houses. These are some observations for discussion

Dear don't be in panic.

Illegal transportation and is the seen in every corner irrespective of BJP or Congress. Karnataka is not 1st ruled by BJP. Same condition is is all other BJP ruled states.

Economic crime has to be dealt with measures

With out Bill Sale is natural phenomenal in each and every street, in spite of being Crime. Reason is economic and greed of quick money.
We have to deal the problem at all fronts. At govt , NGO, Math & ritual leaders level,Political and Economic front.

The moment you say violence, it gives tool in their hands.
Butchers approached Hon'ble High Court invoking their Fundamental rights of trade and asked for permission till they are provided legal place for slaughter. Court accepted & issued direction.

Now, when Government proceeds for slaughter house construction, we get violent and start opposition.
In fact we fight for the machine instead of actual fight of saving the raw material i.e Cow progeny which has been given strong protection in law.

Instead of asking the proper monitoring of these legal slaughter houses and cracking down on illegal slaughter places, some so called leaders for cheap publicity misguide Vegetarians.

keep in mind State is having 62% Non veg population so I always differentiate in Prani Daya & Goraksha. The moment we say prani daya we loose majority and when we say cow safety even some |Muslim and Christan sects joins hands.
We have to clear our concept i.e what is our target
Veg Vs Non Veg?
Prohibition on Slaughter of all animals?
Safety of Cow progeny ?
Your comments and questions on the subject solicited

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Message
kya vastav me yaha karnataka me gayo ke katlakhane he..aur agar he to bjp ki govt hote hue bhi ye sab allowed he..kya maharastra me bhi is tarah ke katlakhane hain..is se bura bharat me kya ho sakta he ki jis desh me gomata ki puja hoti hein usi desh me ye mahapap ho raha hein.........is congress govt supporting all this.. i want to die listening this kind of news.cant we do something ag

गोवंश आधारित उद्योग

2008-09-02T11:00:00.000-07:00

कर्णाटक गोशाला महासंघ अध्यक्ष डॉ.एस के मित्तल का गोवंश व् पदार्थों आधारित उद्योग सेमिनार पर ऍफ़केसीसीआई प्रांगण बेंगलोर में शनिवार २३ अगस्त २००८ को माननीय अतिथि व् उद्योगपतियों को सम्बोधन
परमपूजनीय श्रीश्रीश्री बालगंगाधरनाथ महास्वामीजी के चरणों में प्रणाम करते हुए मंच पर विराजमान अतिथिगण, पूर्ण कर्नाटक से पधारे मेरे भाईबहिन व् पत्रकारबंधुओं,
कर्नाटक गोशाला महासंघ, ऍफ़केसीसीआई और राज्य के डेढ़ करोड़ गोवंश की और से कृष्ण जन्मास्टमी की शुभ कामना देते हुए देश की शायद प्रथम गोवंश व् पदार्थों आधारित उद्योग सेमिनार पर आप का स्वागत करता हूँ. मेरे मित्र ऍफ़केसीसीआई अध्यक्ष श्री दी. मुरलीधर का चुना आज का दिन इस विषय पे खाश महत्व रखता है क्योंकि भगवान कृष्ण गोवंश रक्षा, सम्वर्धन और गोवंश द्वारा विकाश के रूप माने जाते हैं.
कर्नाटक भारत का छटा बडा राज्य है जिसका क्षेत्रफल १,९१,७९१ किलोमीटर और जिसमे ३० जिले, १७६ तहसील, ७४५ परगने, २७४८१ बसे हुए ग्राम २७० शहर हैं. साढे पाँच करोड़ आबादी वाला उद्योगों से परिपूर्ण यह देश की ६.७% गोवंश द्वारा देश का छटा बड़ा दुग्ध उत्पादक राज्य है. २००५-०६ गोवंश जनगणना के अनुसार हमारे पास हलिकार, अमृतमहल. खिल्लार, देवनी, गिद्दा कृष्णवेली जैसी प्रशिद्ध नस्लों के साथ छिअनावें लाख गाय बैल और इकतालीस लाख बीस हज़ार भैंसे हैं. आप की जानकारी के लिए राज्य की सूचनाएं आप तक दी जाचुकी हैं.
मैं आप को कुछ दशक पहले ले चलता हूँ जब बिना गोवंश के खेती, परिवहन सिचाईं, यानी कोई भी गतिविधि सोच ही नहीं सकते थे. इस प्रभु की रचना को कामधेनु नंदी बृषभ जैसे आध्यात्मिक नामसे पुकारा जाता था.
ग्रामीण दिनचर्या, अर्थ, विकास की केन्द्रीय धुरी यह गोवंश ओछे लालच और विदेशी सामानों के उपयोग के सामने हम लोगों ने भुला दिया है . परिणामवश मोक्ष प्रदायनी, कामदा, सुखदा गोमाता आज अनुत्पादक, धरती का भार कही जाती है और प्रतिदिन क्रूरता पूर्वक विभिन्न विधि विधानों को तोड़ते हुए देश के हर कोने में हर राज्य के कसायिखानो में कट कर गली गली में बिकती देखी जा सकती है. इस के परिणाम ?
यह किस कीमत पर? यह दीवानगी भरा मूक प्राणीसंहार आज पर्यावरण, स्वास्थ्य, स्वच्छता, रोजगार, और ग्रामीण विकास को तहस नहस कर रहा है.
साथिओं, आपको ज्ञात है कि? कर्नाटक राज्य में गोवंश से प्रतिवर्ष उपलब्ध ५करोड़ २५ लाख टन गोबर लगभग १८०० करोड़ कीमत कि ३७२.७५ करोड़ यूनिट बिजली उत्पन्न कर सकता है.और येही गोबर अगर व्यापारिक रूप से उपयोग में लाया जाये तो ग्राम ka द्रश्य ही बदल सकता है और सबसे सस्ता नय्स्रगिक खाद का उत्पादन राज्य कि खाद समस्या सुलझाते हुए रस.३/-प्रति किलो से भी १६,००० करोड़ का राज्य उत्पादन में सहयोग दे सकता है.
बैल शक्ति का कृषि, सिचाई, परिवहन व अन्य कल कारखानों को चलाने में उपयोग ग्रामीण बेरोजगारी समाप्त कर पेयजल, नलकूपचालन, विद्दयुत उत्पादन कर ग्राम विकास में सहयोग कर भारत के भूतपूर्व राष्ट्रपति महामहिम डॉ. ऐ.पी.जे. अब्दुल क़लाम जी कि कल्पना 'पूरा' ग्राम में शहर कि सुविधा' कर सकता है कृषक और गौपालक को उत्पादन के अच्छे दाम दिलवाते हुए, प्राकृतिक साधनों के उपयौग से बेहतर स्वास्थ्य और राजस्व में अशीम बढोतरी और राज्य के व्ययों में कमी ला सकता है.
मित्रों, हमारे राज्य के हर जिले को लगभग ५ लाख गोवंश का आशीर्वाद प्राप्त है जीसके द्वारा असीम कीमती गोबर और गोमूत्र प्राप्त होता है. वजन के आधार पर हर जिले में लगभग २० लाख टन गोबर और ७ लाख ५० हजार किलो लीटर गोमूत्र का यानी राज्य का जोड ५क्रोद २५ लाख टन व् गोमूत्र २ करोड़ किलो लीटर पैदा होता है. यह निरंतर पैदा होने वाला उद्योगिक कच्चापदार्थ उद्योगपति भाईओं कि आँखों से छुटा हुआ है.
सवाल पैदा होता है कि यह कहाँ जा रहा है?
निरंतर मशीनीकरण और कृत्रिम उत्पादों के बढ़ते उपयोग ने सबसे सस्ता यानी रु. ३/- प्रति किलो का खाद भी आज भुला दिया गया है और रु. २२-२५/- प्रति किलो का रासायनिक खाद बेशकीमत विदेशी मुद्रा खर्च कर आयात किया जा रहा है लाखों करोड़ का सरकारी अनुदान देकर कृषक भाईओं में वितरित किया जा रहा है.
और गोबर और गोमूत्र नालिओं से बहकर पास के तालाबो नहरों या नदियों में गिर कर उनकी सतह निरंतर ऊँची कर रहा है. इस जमी हुई गाद को निकालने पर पुनः राज्य और केन्द्रीय सरकारों का अरबों रुपया खर्च हो रहा है
प्रिय उद्योगपति साथियो, मैं आप को बताना चाहता हूँ, आप का ध्यान इस स्वर्ण कि और आकर्षित करना चाहता हूँ जिस से बीसिओं वस्तुओं का निर्माण हो सकता है जो बहुत ही लाभदायक व्यवसाय हो सकता है .आज भी बैलो कि जोडी हमारे ग्रामीण दिलों में निवास करती है जो अकारण नहीं आज पुनः विद्दुत, जल, कृषि, कोल्हू, यातायात और परिवहन साधन के रूप में आप के द्वारा व्यवसायिक रूप में लाभ उपार्जन में कि जा सकती है..
विद्दुत के दो साधन बैलशक्ति , एक गोवंश ८ अश्वशक्ति, जो लगभग १२ करोड़ अश्वशक्ति के सामान और गोबर से उत्पादित बायोगेस यानी लगभग १४ किलो गोबर द्वारा गेस से एक विद्युत् इकाई पैदा कि जा सकती है.
इस से प्रतिदिन काम में आनेवाली वस्तुएं जैसे साबुन, शेम्पू, फिनायल, धुप, अगरबती, रंग रोगन, कीमती टाइल, प्लाई बोर्ड, दवायीआं, मूर्तियाँ, यहाँ तक कि कागज भी निर्माण किया जा सकता है. कुच्छ संभावित उद्योगों कि जानकारीसूचिका आपके सामने है. हमे आप के साथ जुड़ने और इस विषय पर और जब भी और जैसी भी जानकारी हमारे पास है आप तक पहुँचाने और उपलब्ध कराने में अति प्रसन्नता होगी
आईये गोवंश और इस पर आधारित उद्योगों के कुछ लाभों कि चर्चा करें करें
.उद्योगों को चलाने के लिए लगभग ७ करोड़ टन वार्षिक गोबर और गोमूत्र के रूप में कच्चा माल
प्रति वर्ष १०% कि अनुमानित बढोतरी
राज्य सरकार का गोबर और गोमूत्र डेरी स्थापना कर निश्चित दाम पर खरीद और उपलब्ध करने का आश्वासन
उपलब्धता हर जिले, हर तालुक, हर गाँव यानी सम्भावित उद्योग के १० किलोमीटर के दायरे में होने से उद्योग स्थान चुनने में आसानी और इसके अनगिणित स्थानीयलाभ.
केवल कच्चा माल ही नहीं बैलशक्ति का मशीन संचालन में विद्युतशक्ति के स्थान वायु, सोर्य उर्जा की तरह गैर पारम्परिक शक्ति उपयोग की असीम सम्भावना
लाभ का प्रतिशत इतना अधिक यानी गैर लाभ गैर हानी बिंदु क्षमता के १० प्रतिशत में ही प्राप्त किया जासकता है प्रतिदिन बढ़ते हुए खनिजतेल दाम जो कभी भी २०० डालर पार कर सकते हैं भारतीय उद्योग के अस्तित्व के लिए बड़ा खतरा माना जाते हैं. कया हमे अभी से विभिन्न उपलब्ध उर्जा वाह कच्चे माल के स्त्रोत नहीं निकलने और इस्तमाल में लाने चाहियें.
देशवासिओं के स्वास्थ्य का ध्यान नेसर्गिक उत्पादन प्रारम्भ कर और क्रत्रिम रासायनिक उत्पादों पर निर्भरता कम कर के ही रखा जा सकता है. गोवंस आधारित उद्योग स्थापना और इनके उत्पादों का कच्चे माल की तरह उपयोग कर ही हम यह आश्वासन पूरा कर सकते हैं.
येही नहीं, मेरी प्यारे साथिओं इस अति लाभ दायक उद्योग सम्भावना के लिए आप आगे आयेंगे तो राज्य में एक नए उद्योगिक वातावरण का निर्माण होगा जो लाखो नवयुवकों को को रोजगार, स्वस्थ्य भोजन, और आद्यात्मिक जीवन की और अग्रसर करेगा साथ में लाखों मूकप्रानिओं की रक्षा में सहायक होगा.
इस अवसर पर उपस्तिथ माननीय मंत्री और विशिस्ट अतिथिगनो और मेरे पत्रकार साथिओं के माध्यम से माननीय मुख्यमंत्री जी से अनुरोध करना चाहूँगा की इस और आगे बढ़नेवाले उद्योगपति साथिओं को पूर्ण सहयोग और बढ़ावा प्रदान करें. इस विशेष उद्योग के लिए विशेष उद्योगिक क्षेत्रों की संरचना की जाये, गोवंश आधारित आदर्शग्राम निर्धारित कीये जाएँ, विशेष रियायतें, अनुदान आर्थिक कर व् आबकारी से छुट प्रदान की जाये. जहाँ भी सरकारी विभागों में सम्भव हो गोवंश आधारित निर्माण को खरिदा जाये.
साथियो आपने देखा की कीतना लाभकारी और विस्तृत है हमारा गोवंश और इसही लिए आज यह सेमिनार हैआइये हम सब हाथ मिलाएँ और इस विश्व को गोवंश की महत्ता बता दें और इसे सिर्फ शाब्दिक नहीं लेकिन वास्तविक कामधेनु स्थापित करते हुए राज्य की उन्नति, प्रगति और युवा शक्ति, स्त्रीशक्ति, ग्रामशक्ति सबके उत्थान का मार्ग प्रसस्त करें और देश के उत्थान में अपना योगदान देकर रास्ट्रपिता महात्मा गाँधी जी की रामराज्य कल्पना साकार करें.
अप्प सभी को पुनः: इस सेमिनार से अतिशय लाभ हो और आप जल्द ही गोवंश आधारित उद्योगों के संरचना में जुडेंगे इसही विश्वास के साथ गोरक्षा के माध्यम से देश सेवा में रत
आपका स्नेहकांक्षी डॉ. श्रीकृष्ण मित्तल
(मदद करने वाले हाथ बोलने वाले होटों से ज्यादा पवित्र होते हैं)
PRODUCTS & SERVICES AVAILABLE FOR INDUSTRIAL EXPLOITATION FROM COW PROGENY
Bull Power:
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Use as Prime Mover for water suction, Expeller, Flour Mill, Spice Mill, Fodder Cutting machine, Thresher, and other Cottage units
More than 100 formulations as per Ayurveda can be manufactured for curing 170 + diseases including Sugar, Heart, Stomach, Cancer, Aids.
Bull Driven Tractor
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Milk & Milk Products

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Consumer & other products
Curd
1. Floor Tiles
Cheese with different flavor
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3. Roof Tiles

4. Wooden Floor Tiles
Leather & Leather based items
5. Writing Paper

6. Packaging material
Organic Fertilizer
7. Furniture Plywood and Board
Wormy compost
8. Mosquito Coils
Pest Repellant
9. Phenyl
Samadhi Khad- by dead body
10. Wall Distemper
Sing Khad – by using Horns
11. Shampoo
Bio Gas
12. Soap
Electricity generation
13. Hand Wash, Latrine & Blue powder
Cooking fuel
14. Dhoop
Lighting agent
15. Gomay Aushodhi
Automotive Fuel
16. Samidha Powder

17. Shaving Cream

18. Face Cream

19. Tooth paste

20. Medicine by the use of Cow urine.
21. Mercury

SPEECH OF DR. SK MITTAL AT FKCCI SEMINAR

2008-08-30T05:49:00.000-07:00

Speech of DR. SK Mittal –President Karnataka Goshala Mahasangh®
at Seminar on Industrial Prospects based on Cow progeny & its products
at FKCCI Hall - Bangalore on Saturday, 23rd August, 2008

Param Pujaniya Sri Sri Sri Balagangadharanatha Mahaswamiji Mananiya Om Prkash Ji, Mananiy Jaydev Ji, Kumari Shobha Ji, B N Bacche gowda Ji, Maini Ji, Kunwar Bhai Jadhav Ji, diginiteries on the dias, off the dais, friends from Media, dear friend brothers & sisters, I take pleasure in wishing you all Happy Krishna Janmastmi. & On behalf of Karnataka Goshala Mahasangh ® & FKCCI & 15 million Live Stock of our State,. I welcome you all to this Seminar on Industrialization prospects bassed on Cow Progeny & its Products The day chosen for the Seminar by my friend FKCCI President Sri D. Murlidhar is very apt as Lord Krishna is Symbol of prevention, preservation of GOMATA and prosperity through Govansh.

Karnataka is 6th largest State with 191,791 KMs 30 Districts 176 Taluqs, 745 Hoblis, 27481 Habitaed Villages, 270 Towns, Cities, & Urban. A big industrial Hub, our State, holds 6.7% Live Stock of Nation, 6th highest in Milk production. As per 2005-06 Live Stock Sample Survey we have 96 Lakhs Cow & 41.2 Lakh Buffalo with famous breed like Hallikar, Amruthamahal, Khilaar, Deoni, Malanadu Gidda and Krishnavally.
STATEMENT OF TALUKS, BLOCK & GRAM PACHAYATS, & DISTRICT WISE NUMBER OF CATTLE & BUFFALO IN KARNATAKA AS PER INTEGRATED LIVE STOCK SAMPLE SURVEY REPORT & LIST PROVIDED BY DIRECTORATE OF MUNICIPAL ADMN

No
DISTRICT
Taluks
Hobli
Gram Pnchyat
Inhabited
Villages
Un habited
Villages
Cattle & Buffalo
CATTLE
BUFFALO
1.
Bagalkot
6
18
163
623
4
235709
201081
2.
Bangalore Rural
8
35
228
1719
154
416871
75899
3.
Bangalore Urban
4
17
163
668
31
159208
15246
4.
Belgaum
10
35
228
1719
154
518279
714791
5.
Bellary
7
27
189
524
30
368984
188033
6.
Bidar
5
30
175
599
22
261180
170052
7.
Bijapur
5
30
175
599
22
237985
148193
8.
Chamrajanagar
4
16
120
424
85
269287
37752
9.
Chickmaglore
7
32
226
1034
83
366563
106870
10.
Chitradurga
6
22
185
946
113
314278
183016
11.
D. K
5
17
203
354
-
343994
26715
12.
Davangere
6
24
230
810
113
351320
220470
13.
Dharwa
5
14
127
361
18
194932
90028
14.
Gadak
5
11
106
329
8
144742
61726
15.
Gulbarga
10
48
337
1360
77
817589
224824
16.
Hassan
8
38
258
2394
165
545431
190631
17.
Haveri
7
19
208
691
7
305990
123400
18.
Karwar U.K
11
35
206
1246
43
339076
110869
19.
Kodagu
3
16
98
291
5
11616
31616
20.
Kolar
11
53
307
2919
392
470994
120297
21.
Koppal
4
20
134
594
35
229417
97847
22.
Mandya
7
31
232
1369
110
314416
169658
23.
Mysore
7
33
235
1216
124
524676
70219
24.
Raichur
5
37
164
830
53
362714
176940
25.
Shimoga
7
40
260
1443
87
542947
200133
26.
Tumkur
10
50
321
2574
134
503799
217528
27.
Udupi
3
16
120
424
85
339034
49998
Total
176
745
745
5705
27481
9595930
4023832

I take you few decades back when we could not had imagined cultivation, transportation, Water suction or say any activity with out Cow progeny. Kamadhenu, Nandi, Brashabh etc holistic names were given to this creature of all mighty. It used to be central pillar of Rural living, economy and development BUT due to greed and for quick income, we started neglecting GOVANSH.

The result is the Moksh pradayini, Kamada, Sukhda Gomata is seen as unproductive, burden on earth and brutally killed every day at every corner and also sent to other States to run their slaughter houses. But, at what cost?
The unmindful killing of this speechless animal is resulting in great loss of health, hygiene, employment and village prosperity.
Do you know that:
Total quantity available or say 52.5 million Tones of Cow dung can generate 3727.5 million unit of Energy equitant to RS 186.6 Billion.
Moreover, same, 52.5 Million MT of Cow dung if commercially utilized, can change the Village scenario. If converted into wormy compost (the cheapest mode) can solve State Fertilizer problem by contributing RS.157.5 Billion/ year.
Bull power ,If utilized in cultivation, Water suction, inter district transportation and other uses can solve Rural employment problem and also can provide drinking water, Electricity and help Provide Urban Amenities in Rural Area (PURA).Apart from benefit of Health & Hygiene, better crop pricing, gain to exchequer " Purn Gram Swrajay" as mentioned by Great Scholar H. E. Ex- President of India Dr. A P J Abdul Kalam .
Each of our 30 District is blessed with around 5,00,000 govans providing empty generation of precious Cow dung & Cow urine. In terms of quantity, each District is generating app. 2. million MT of Cow Dung & 0.75 million KL of cow Urine or say cumulative Statewise availability to the tune of 50 million MT & 20 Million KL of Cow urine.
This huge regularly generating, unending source of Raw material is totally ignored by we the Industrialist friends.
Where it is going today?
Due to mechanization and change in use even the cheapest part Compost is discarded and costly synthetic fertilizer with huge foreign exchange Expenditure is imported, subsidized & given to farmers. This huge quantity is forming slit and increasing the water level and billions of Rupees are spent by Government towards Subsidy on import of synthetic fertilizer.
I can tell you that score of items can be made successfully as a business proposition. Some of the items I will tell you now. Bull power & Bulls pair is still a great desire in heart of many farmers. This not only provides power and Water but can be a big source of inter district transportation.
The cumulative estimated bull power is 120 million HP. It generates 52.5 million MT of Cow Dung & 30 million KL of Gomutra. 14 KGs of Cow dung provides one KW/hour. Whereas we have untapped market of products made of organic compost. List of Items is attached here for your reference. We will be glad to associate & provide you further information, if any, as and when needed.
Let us discuss the prospects of Cow Progeny & its products:
1.Availability of 50 million MT Cow dung & 2o million KL of Cow Water
2. Increase in availability by 10% / annum
3. Government assurance and establishment of Dairy (Not Milk dairies like KMF) but to collect these products
4. Due to availability across the State in each and every District & Taluq & even Village, the other benefits are tremendous.
5. Not only raw malarial but Bull power can be utilized as source of Energy like wind or solar energy.
6. Percentage of profit is so high as on today, that entrepreneur will be able to recover its cost with is shortest period. Break Even Point will be 15-18% of planned installed capacity.
7. Looking the high Crude oil price and every day threat of its reaching USD.200/- is a big threat to industries in countries like India. We have to plan and start using alternate source of energy.
8. Health of nation is can be taken care of by using more and more organic products and reducing dependency on synthetic production. Installation of industries based on above raw material fulfills this commitment.

Apart from huge profit potential, if you, the elite class of Society, come forward, than, it will certainly will bring new Era of industrialization in the State, providing employment to millions, Healthy food, and a holistic life.
At this Juncture, I want to request Honorable Chief Minister & Honorable Ministers and dignitaries on the Dias to provide Infrastructure, Special Industrial Zones, Model Villeges, Subsidies, Concessions, & Grants to motivate Industries, based on Cow Progeny.
These above mentioned items have tremendous scope and So this Seminar.
Dear Friends, Let us join hands, and show this world that Cow Progeny is Kamadhenu not only in terms of words but in real and come forward to industrialize the State of Karnataka in turn providing Employment-Rural Development, Healthy generation, and prove GOMATA _ Cow Progeny-Kamadhenu ECONOMY and prosperity RAM RAJYA for NATION.

Wishing you all a great experience in this Seminar
Yours in service to Nation
DR. SK Mittal President
Karnataka Goshala Mahasangh ®
Seminar on Industrial Prospects based on Cow progeny & its products
held at FKCCI-Bangalore on Saturday, 23, 08. 08

SUFGGESTED PRODUCTS & SERVICES AVAILABLE FOR INDUSTRIAL EXPLOITATION & RURAL ECONOMIC DEVELOPMENT FROM COW PROGENY
Bull Power:
Medicine
Use as Prime Mover in Cottage & Small Scale units.
More than 100 formulations as per Ayurveda can be manufactured for curing 170 + diseases including Sugar, Heart, Stomach, Cancer, Aids.
F Water Suction
Vansh lochan
F Minor Irrigation
Panch Gavya
F Cultivation
Gee -Curd-Cow Dung-Cow Urine
F Oil Expeller,

F Flour Mill
Milk & Milk Products
F Spice Mill,

F Fodder Cutting
Confectioneries & Sweets
F Thresher
Curd
F Bull Driven Tractor
Cheese with different flavor
F Local & inter District Transportation

F Electric Generation
Leather & Leather based items
Consumer & other products
Organic Fertilizer

Wormy compost
1. Floor Tiles
Pest Repellant
2. Wall tiles
Samadhi Khad-
3. Roof Tiles
Sing Khad –
4. Wooden Floor Tiles

5. Writing Paper
Bio Gas
6. Packaging material
Electricity generation
7. Furniture Plywood and Board
Cooking fuel
8. Mosquito Coils
Lighting agent
9. Phenyl
Automotive Fuel
10. Wall Distemper

11. Shampoo

12. Soap

13. Hand Wash, Latrine & Blue powder

14. Dhoop

15. Gomay Aushodhi

16. Samidha Powder

17. Shaving Cream

18. Face Cream

19. Tooth paste

20. Medicine by the use of Cow urine.

21. Mercury

ANIMAL SACRIFICE- IS IT HUMAN- IS IT LEGAL HON'BLE SUPREME COURT VERDICT

2008-08-30T05:45:00.000-07:00

ANIMAL SACRIFICE
Is it human - Is it legal?
Honorable Indian Legislature and Judiciary did their job by enacting prohibition on slaughter, restriction on transportation and even in upholding and directing the Government to stop this heinous, most cruel crime. But scenario is totally different. We all have to wake up, create public movement and compel the Government machinery to implement the law of land in letter and spirit and tell them otherwise to face contempt, argues, DR S K MITTAL
Hargij nahi pahunchte Allaha ke pas kurbanio ke gost aur unke khun,
Albata pahunchta hai alllah ke pas tumhara Takana aur prahejgari (Kuran Soor-e-haz)
EVERY YEAR Id ul Julha commonly known as Bakari Id is celebrated in whole world. A festival of joy converts into big killing spree hurting strong feelings of animal lovers. At least few of us, who witnessed this heinous act, may know how inhumane it is. I personally, could not find any word to describe it! Under Provisions of Prevention of Cruelty to Animals Act, 1960 it is illegal even to exhibit the performance of animals in films where no killing takes place but on Bakari Id day This can be seen every where in the country. Millions of speechless animals irrespective of Camel, cow, goat are brutally slaughtered in name of religion heartening the sentiments of animal lovers and depriving milk to children.
All religions propagate compassion to speechless animals. Fundamental Duties Article 51-A of our Constitution decided that It shall be the duty of every citizen of India (G) to protect and improve the natural environment including forests, lakes, rivers/wildlife and to have compassion for living creatures and directed under Directive Principle of State Article 48 that ‘the state shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and in particular take steps in preserving and improving the breeds and prohibiting the slaughter of cows, calves and other milking animals. Though Article 25 provides freedom of conscience and free profession, practice and propagation of religion (subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion) but clarifies that Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
Different religions were propagating and parasitizing their traditional rituals like early marriage, immolation of widow with deceased husband (Sati Pratha) sacrifice on different festivals. But, different Acts were enacted to prohibit these rituals in public interest. Sharda Act prohibited early marriage and there is absolute ban on even glorifying Sati as an old tradition of road side sacrifice and in temples are curbed under different Acts and Rules. All these Acts and Rules are applicable irrespective of cast and creed. Some are here as under:
Indian Penal Code 429 puts rigorous punishment on mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow, or ox, what so ever may be the value thereof , or any animal of the value of fifty Rupees or upwards, shall be punished with imprisonment or with fine or both
Prevention of Cruelty Act of 1960 was enacted to prevent cruelty to animals and its Rules regulate transportation of animals, slaughterhouses, establishment of Societies for Providing Compassion to Animals (SPCA) etc. Under the provisions of Constitution of India states enacted suitable Act and rules prohibiting slaughter of animals. Like Maharashtra government enacted the Maharashtra Animal Preservation Act, 1976 (9 of 1977), West Bengal Animal Slaughter Control Act, 1950 (22of 1950) , Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act, 1964. etc.
On the eve of Bakari Id we find ourselves helpless and watch the gross violation of Union & State Acts & Rules. Preparation starts many month in advance and we find “king of desert” Camel near the sea towns like Chennai , Mumbai Kolkatta and Mangalore. Herds of good healthy cow and other animals can be seen most cruelly transported from one corner of country to other corner without respecting legal provisions and sentiments of animal lovers. Apart from gross violation of law of the land, as a matter of fact it attracts contempt of Honorable Supreme Court decision by Hon’ble Justice J Majumdar, Justice Kuldeep Singh and Justice B.L. Hansaria in Civil Appeal No. 6790, etc of 1983 Wst Bengal State V/s. Ashutosh Lahiri & Others, (civil Appellate Jurisdiction) AIR 1995 S.C. 464
As mentioned above, under Directive to State Principle 48, States enacted law to prohibit Slaughter & West Bengal Animal slaughter Control Act, was enacted in 1950 & under the provisions of its Section 12 State Government exempted the slaughter of healthy cows on the occasion of Bakri Idd. The order was challenged in Calcutta High Court and The Division Bench of Calcutta High Court issued a mandamus to the applicants calling upon them to forbear from giving any exemption under Sec. 12 of the Act in respect of slaughter of cows on the occasion of Bakari Id day therein after. West Bengal Government preferred appeal for its order restoration (permission for slaughter on Bakari Idd), which was rejected.
The Honorable Court decided the issue after discussing different issues like religious obligation, democracy, old tradition etc and held that there is no religious obligation. In reference Honorable Court observed the Constitution Bench decision of this Court in Mohd. Hanif Quareshicase1 at (SCR) page 650of the report speaking through Das, C.J Hamilton's translation of Hedaya, Book XLIII at page 592 that it is the duty of every free Mussalman arrived at the age of maturity, to offer a sacrifice on the I'd Kurban, or festival of the sacrifice, provided he be then possessed of Nisab and be not a traveller. The sacrifice established for one person is a goat and that for seven a cow or a camel.
It does not appear to be obligatory that a person must sacrifice a cow. Once the religious purpose of Muslims consists of making sacrifice of any animal which should be a healthy animal, on Bakri Idd, then slaughtering of cow is not the only way of carrying out that sacrifice.Itis, therefore, obviously not an essential religious purpose but an optional one.Therefore, held that before the State can exercise the exemption power under Section 12 in connection with slaughter of any healthy animal covered by the Act, it must be shown that such exemption is necessary to be granted for sub serving an essential religious, medicinal or research purpose. If granting of such exemption is not essential or necessary for effectuating such a purpose no such exemption can be granted so as to bypass the thrust of the main provisions of the Act.
For lifting the ban it should be shown that it is essential or necessary for a Muslim to sacrifice a healthy cow on Bakr I'd day and if such is the requirement of religious purpose then it may enable the State in its wisdom to lift the ban at least on BakrI'd day. But that is not the position. If any optional religious purpose enabling the Muslim to sacrifice a healthy cow on BakrI'd is made the subject-matter of an exemption under Section 12 of the Act then such exemption would get granted for a purpose which is not an essential one and to that extent the exemption would be treated to have been lightly or cursorily granted. Such is not the scope and ambit of Section 12.
One submission was also noted that a person with six other members of his family may afford to sacrifice a cow but may not be able to afford to sacrifice seven goats, and it was observed that in such a case there may be an economic compulsion although there was no religious compulsion. In this connection, Das C.J. referred to the historical background regarding cow slaughtering from the times of Mughal emperors. Mughal Emperor Babur saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this. Similarly, Emperors Akbar, Jehangir and Ahmad Shah, it is said, prohibited cow slaughter.
In the light of this historical background it was held that total ban on cow slaughter did not offend Article 25(1) of the Constitution. In view of this settled legal position it becomes obvious that if there is no fundamental right of a Muslim to insist on slaughter of healthy cow on BakrI'd day, it cannot be a valid ground for exemption by the State under Sec. 12 which would in turn enable slaughtering of such cows on Bakr I'd.
In this connection it is also necessary to consider Quareshi case1 which was heavily relied upon by the High Court.
The total ban on slaughter of cows even on BakrI'd day as imposed by Bihar Legislature under Bihar Preservation and Improvementof Animals Act, 1955 was attacked as violation of the fundamental right of the petitioners under Article 25 of the Constitution. Repelling this contention the Constitution Bench held that even though Article 25(1) granted to all persons the freedom to profess, practise and propagate religion, as slaughter of cows on BakrI'd was not an essential religious practice for Muslims, total ban on cow's slaughter on all days including BakrI'd day would not be violative of Article 25(1)
Dr S K Mittal, B.Com (Hons) LLM, is President, Karnataka Goshala Mahasangh, Akhil Karnataka Gauraksha Sangh, Vice Chairman: SPCA, Mysore and Member: Animal Welfare Board of India2006-07, Member: Kerala State, Animal Welfare Board(AWB) His vision is: ‘Helping hands are more holier than speaking lips. awbikk@gmail.com : http://www.theverdictindia.com/opinion.asp

NO TO SLAUGHTER OF COW PROGENY- HON'BLE SUPEREME COURT

2008-08-30T05:42:00.000-07:00

SUPREME COURT’S ORDER ON COW SLAUGHTER CASE NO.: Appeal (civil) 4937-4940 of 1998 PETITIONER: State of Gujarat RESPONDENT: Mirzapur Moti Kureshi Kassab Jamat & Ors. DATE OF JUDGMENT: 26/10/2005
BENCH:
CJI R.C. LAHOTI, B.N.AGRAWAL, ARUNKUMAR, G.P.MATHUR, C.K.THAKKER, P.K.BALASUBRAMANYAN
JUDGMENT: JUDGMENT WITH CIVIL APPEAL NOS. 4941-44 of 1998
Shree Ahimsa Army Manav Kalyan Jeev Daya Charitable Trust Appellant Versus Mirzapur Moti Kureshi Kassab Jamat, Ahmedabad & Ors. Respondents and CIVIL APPEAL NO. 4945 of 1998 Akhil Bharat Krishi Goseva Sangh Appellant Versus Mirzapur Moti Kureshi Kassab amat, Ahmedabad & Ors. Respondents
R.C. LAHOTI, CJI
Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act No. 4 of 1994) which introduced certain amendments in Section 5 of the Bombay Animal Preservation Act, 1954 (as applicable to the State of Gujarat) has been struck down as ultra vires the Constitution by the High Court of Gujarat. These three sets of appeals by special leave have been filed there against. A chain of events, legislative and judicial, lead to the impugned enactment. To appreciate the core issue arising for decision in these appeals and also the constitutional questions arising therein, it will be useful to set out the preceding events in their chronological order.
PART - I Backdrop of Events \Legislative history leading to impugned enactment
With a view to conserve the cattle wealth of the State of Bombay, the State Government enacted the Bombay Animal Preservation Act, 1948 and prohibited slaughter of animals which were useful for milch, breeding or agricultural purposes. This Act was substituted by the Bombay Animal Preservation Act of 1954 (hereinafter referred to as 'the Bombay Act'). The provisions relevant for our purpose are contained in Sections 5 and 6. Sub-sections (1), (2) and (3) of Section 5 and Section 6 are extracted and reproduced hereunder :
"5. (1) Notwithstanding any law for the time being in force or any usage to the contrary, no person shall slaughter or cause to be slaughtered any animal unless, he has obtained in respect of such animal a certificate in writing from the Competent Authority appointed for the area that the animal is fit for slaughter.
(2) No certificate shall be granted under sub-section (1), if in the opinion of the Competent Authority
(a) the animal, whether male or female, is useful or likely to become useful for the purpose of draught or any kind of agricultural operations;
(b) the animal, if male, is useful or likely to become useful for the purpose of breeding;
(c) the animal, if female, is useful or likely to become useful for the purpose of giving milk or bearing offspring.
(3) Nothing in this section shall apply to the slaughter of any animal above the age of fifteen years for bona-fide religious purposes : Provided that a certificate in writing for such slaughter has been obtained from the Competent Authority.
(4)xxxxxxxxx 5)xxxxxxxxx(6) xxxxxxxxx
6. No animal in respect of which a certificate has been issued under section 5 shall be slaughtered in any place other than a place specified by such authority or officer as the State Government may appoint in this behalf."
The Preamble to the Act stated "WHEREAS it is expedient to provide for the preservation of animals suitable for milch, breeding or for agricultural purposes; It is hereby enacted as follows:-"
The Statement of Objects and Reasons stated inter alia "It is now proposed to repeal the Bombay Animal Preservation Act, 1948 and to undertake fresh legislation, on the basis of a model bill recommended by the Government of India, in order to stamp out slaughter in unauthorized places and abetment of offences which were not covered by the Bombay Animal Preservation Act, 1948".
The State of Gujarat was formed in the year 1960. Gujarat Legislature enacted The Bombay Animal Preservation (Gujarat Extension and Amendment) Act, 1961 whereby the Bombay Act was extended to the State of Gujarat in order to achieve uniformity in law in different parts of the State with regard to this subject. The Saurashtra Animal Preservation Act, 1956 which was applicable to that part of Gujarat which formed part of erstwhile State of Saurashtra was repealed. Apart from extending the Bombay Act, Section 5 of the Bombay Act, which was called 'the principal Act' in the Gujarat Act of 1961, was also amended by Section 4 thereof which reads as under:
4.Amendment of Section 5 of Bombay LXXII of 1954.- In section 5 of the principal Act, -
(1)After sub-section (1), the following sub-section shall be inserted, namely :-
"(1A) No certificate under sub-section (1) shall be granted in respect of a cow.";
(2)in sub-section (2), for the words "No certificate" the words, brackets, figure and letter "In respect of an animal to which sub-section (1A) does not apply, no certificate" shall be substituted;
(3)in sub-section (3), for the words "religious purposes" the words, "religious purposes, if such animal is not a cow" shall be substituted.
The above Act was assented to by the Governor on the 1st May, 1961 which was published in the Gujarat Government Gazette, Extraordinary, Part IV, dated May 6, 1961. The objects of such extension were mainly two : (i) to achieve uniformity in law in different parts of the State; and (ii) to impose a ban on cow slaughter. The amendment introduced by Section 4 of the Bombay Animal Preservation (Gujarat Extension and Amendment) Act, 1961 indicates that slaughter of cow was totally banned. In 1979, the Gujarat Legislature enacted the Bombay Animal Preservation (Gujarat Amendment) Act, 1979 to further amend the Bombay Act. Section 2 of this Act is relevant which is
extracted and reproduced hereunder:
2. Amendment of section 5 of Bom. LXXII of 1954._ In the Bombay Animal Preservation Act, 1954, Bom. LXXII of 1954, (hereinafter referred to as "the principal Act"), in section 5,__
(1) for sub-section (1A), the following shall be substituted, namely:__"(1A) No certificate under sub-section (1) shall be granted in respect of __
(a) a cow;
(b) the calf of a cow, whether male or female and if male, whether castrated or not;
(c) a bull below the age of sixteen years;
(d) a bullock below the age of sixteen years";
(2) for sub-section (3), the following sub-section shall be substituted, namely:__
"(3) Nothing in this section shall apply to __
(a) the slaughter of any of the following animals for such bona fide religious purposes, as may be prescribed, namely:__
(i) any animal above the age of fifteen years other than a cow, bull or bullock;
(ii) a bull above the age of fifteen years;
(iii) a bullock above the age of fifteen years;(b) the slaughter of any animal not being a cow or a calf of a cow, on such religious days as may be prescribed. Provided that a certificate in writing for the slaughter referred to in clause (a) or (b) has been obtained from the Competent Authority."
The Act was preceded by an Ordinance, a reference to which is not necessary. The Statement of Objects and Reasons of the Act are stated as under:
"Under the existing provisions of the Bombay Animal Preservation Act, 1954, although there is a total prohibition against the slaughter of a cow, the slaughter of progeny of a cow, that is to say bulls, bullocks and calves is prohibited, like that of other bovines only if they are useful or likely to become useful for the purposes of draught, agricultural operations, breeding, giving milk or bearing off spring. In order to give effect to the policy of the Government towards further securing the directive principle laid down in article 48 of the Constitution namely prohibiting the slaughter of cows and calves and other milch and draught cattle, it was considered necessary to impose a total prohibition against slaughter of the aforesaid progeny of a cow below the age of eighteen years as they are useful for the aforesaid purposes"
The above-said Act was assented to by the Governor on 16th October 1979. The Act was given retrospective effect by sub-section (2) of Section 1 thereof, which provided that the amendment shall be deemed to have come into force on 28th November, 1978.
Digressing a little from the narration of legislative development, here itself we may indicate that the constitutional validity of the above amendment introduced by the Gujarat Legislature into the Bombay Act was put in issue and came to be dealt with initially by the Gujarat High Court and then this Court by a Constitution Bench in Haji Usmanbhai Hasanbhai Qureshi and Others v. State of Gujarat, (1986) 3 SCC 12. The Gujarat High Court turned down the challenge and the decision of the Gujarat High Court was upheld by this Court. We will revert back to this decision a little later.This was followed by the impugned legislation, the Bombay Animal Preservation (Gujarat Amendment) Act, 1994. The Bombay Act of 1954 referred to as 'the principal Act' was further amended by Section 2 of the amending Act which reads as under:
2. In the Bombay Animal Preservation Act, 1954 (hereinafter referred to as "the principal Act"), in section 5, -(1) in sub-section (1A), for clauses (c) and (d), the following clauses shall be substituted, namely :-"(c) a bull;(d) a bullock.";(2) in sub-section (3), -(i) in clause (a), sub-clauses (ii) and (iii) shall be deleted;(ii) in clause (b), after the words "calf of a cow", the words "bull or bullock" shall be inserted."
The Act was preceded by an Ordinance, a reference to the provisions whereof is unnecessary. The Preamble to the Act reads as under:"WHEREAS it is established that cow and her progeny sustain the health of the nation by giving them the life giving milk which is so essential an item in a scientifically balanced diet;AND WHEREAS the working bullocks are indispensable for our agriculture for they supply power more than any other animal;AND WHEREAS the working bullocks are often useful in ploughing the fields, drawal of water from the wells and also very useful for drawing carts for transporting grains and fodders from the fields to the residences of farmers as well as to the Agricultural Market Yards;AND WHEREAS the dung of the animal is cheaper than the artificial manures and extremely useful for production of bio-gas; AND WHEREAS it is established that the back-bone of Indian agriculture is, in a manner of speaking the cow and her progeny and have, on their back, the whole structure of the Indian agriculture and its economic system;
AND WHEREAS it is expedient to give effect to the policy of the State towards securing the principles laid down in articles 47, 48 and in clauses (b) and (c) of articles 39 of the Constitution of India and to protect, preserve and sustain cow and its progeny;"The Statement of Objects and Reasons and the facts set out therein are of relevance and significance and hence are reproduced hereunder:"The existing provisions of the Bombay Animal Preservation Act, 1954 provides for prohibition against the slaughter of cow, calf of a cow, and the bulls and bullocks below the age of sixteen years. It is an established fact that the cow and her progeny sustain the health of the nation by giving them the life giving milk which is so essential an item in a scientifically balanced diet. The economy of the State of Gujarat is still predominantly agricultural. In the agricultural sector, use of animals for milch, draught, breeding or agricultural purposes has great importance. It has, therefore, become necessary to emphasise preservation and protection of agricultural animals likebulls and bullocks. With the growing adoption of non-conventional energy sources like biogas plants, even waste material have come to assume considerable value. After the cattlecease to breed or are too old to do work, they still continue to give dung for fuel, manure and bio-gas, and therefore, they cannot be said to be useless. It is well established that the backbone of Indian agriculture is, in a manner of speaking, the cow and her progeny and have on their back, the whole structure of the Indian agriculture and its economic system. In order to give effect to the policy of the State towards securing the principles laid down in articles 47, 48 and clause (b) and (c) of article 39 of the Constitution of India, it was considered necessary also to impose totalprohibition against slaughter of progeny of cow. As the Gujarat Legislative Assembly was not in session the Bombay Animal Preservation (Gujarat Amendment) Ordinance, 1993 to amend the said Act was promulgated to achieve the aforesaid object in the interest of general public. This Bill seeks to replace the said Ordinance by an Act of the State Legislature."The Challenge to the Constitutional Validity
The constitutional validity of the above said legislation, that is, the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 was put in issue by four writ petitions filed in the High Court which were heard and disposed of by a common judgmentdated April 16, 1998. Two of the writ petitions were filed by individuals who were butchers by profession, and are known as Kureshis. Two writ petitions were filed by the representative bodies of Kureshis. Akhil Bharat Krishi Goseva Sangh sought for intervention before the High Court and was allowed to be impleaded as a party-respondent in the writ petitions. Hinsa Virodhak Sangh, Jivan Jagruti Trust and Gujarat Prantiya Arya Pratinidhi Sabha also sought for intervention and they were also allowed to be impleaded by the High Court as party-respondents in the writ petitions. The High Court allowed the writ petitions and struck down the impugned legislation as ultra vires the Constitution. The High Court held that the Amendment Act imposed an unreasonable restriction on the fundamental rights and therefore, it was ultra vires the Constitution. The effect of the judgment of the High Court as summed up by the learned Judges would be that there would not be a total ban on the slaughter of bulls or bullocks above the age of 16 years; in other words animals could be slaughtered consistently with the provisions of the parent Act as it stood prior to the amendment brought in by Gujarat Act No. 4 of 1994. Feeling aggrieved by the said decision, the State of Gujarat and Akhil Bharat Krishi Goseva Sangh have filed these appeals. Shree Ahimsa Army Manav Kalyan Jeev Daya Charitable Trust, a Public Trust has filed an appeal by special leave, seeking leave of this Court to file the appeal, which has been granted.
On 17.2.2005, a three-Judge Bench of this Court, before which the appeals came up for hearing directed the matter to be placed for hearing before a Constitution Bench in the following terms of the order : "Parties to these appeals agree that the issue involved in these appeals requires interpretation of the provisions of the Constitution of India especially in regard to the status of Directive Principles vis-`-vis the Fundamental Rights as well as the effect of introduction of Articles 31C and 51A in the Constitution.Therefore, in view of Article 145(3) of the Constitution, we think it appropriate that this matter should be heard by a Bench of at least 5 Judges."
On 19.7.2005, the Constitution Bench which heard the matter referred it to a Bench of seven Judges on an opinion that certain prior decisions of this Court by Constitution Benches might call for reconsideration. This is how the matter came to be heard by this Bench.
We have heard Dr. L.M. Singhvi, Shri Soli J. Sorabjee and Shri S.K. Dholakia, Senior Advocates who led the submissions made on behalf of the appellants in the three sets of appeals. We have also heard Shri G.L. Sanghi, Senior Advocate and Shri Ramesh P. Bhatt, Senior Advocate, who led the arguments on behalf of the respondents (writ petitioners in High Court) in the several appeals. Before we notice and deal with the submissions made by the learned senior counsel for the appellants and the respondents, it will be useful to set out and deal with some of the decisions delivered by this Court which have been relied on by the High Court in its impugned judgment, and on which implicit and forceful reliance was placed by the learned senior counsel for the respondents in support of the judgment of the High Court.Relevant Decisions of this Court The most important and leading decision is Mohd. Hanif Quareshi and Ors. v. State of Bihar and Ors. 1959 SCR 629 (hereinafter referred to as 'Quareshi-I'). We propose to deal with this case somewhat in detail.
Three legislative enactments banning the slaughter of certain animals were passed respectively by the States of Bihar, Uttar Pradesh and Madhya Pradesh. In Bihar, the Bihar Preservation and Improvement of Animals Act, 1956 (Bihar Act II of 1956) was introduced which imposed a total ban on the slaughter of all categories of animals belonging to the species of bovine cattle. In Uttar Pradesh, the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (U.P. Act I of 1956) was enacted which also imposed a total ban on the slaughter of cows and her progeny which included bulls, bullocks, heifers and cows. In the State of Madhya Pradesh, it was the C.P. and Berar Animal Preservation Act (Act LII of 1949) which was amended and applied. It imposed a total ban on the slaughter of cows and female calf of a cow. The male calf of a cow, bull, bullock, buffalo (male or female, adult or calf) could be slaughtered only on obtaining a certificate. The bans, as imposed by the three legislations were the subject matter of controversy.
The challenge to the constitutional validity of the three legislations was founded on the following three grounds, as was dealt with in the judgment : (i) that the total ban offended the religion of the Muslims as the sacrifice of a cow on a particular day is enjoined or sanctioned by Islam; (ii) that such ban offended the fundamental right guaranteed to the Kasais (Butchers) under Article 19(1)(g) and was not a reasonable and valid restriction on their right; and (iii) that a total ban was not in the interest of the general public. On behalf of the States, heavy reliance was placed on Article 48 of the Constitution to which the writ petitioners responded that under Article 37 the Directive Principles were not enforceable by any court of law and, therefore, Article 48 had no relevance for the purpose of determining the constitutional validity of the impugned legislations which were alleged to be violative of the fundamental rights of the writ petitioners.
Dealing with the challenge to the constitutional validity of the legislations, their Lordships reiterated the well accepted proposition based on several pronouncements of this Court that there is always a presumption in favour of the constitutionality of an enactment and that the burden lies upon him who attacks it to show that there has been a clear violation of the constitutional principles. The legislative wisdom as expressed in the impugned enactment can be pressed into service to support the presumption. Chief Justice S.R. Das spoke for the Constitution Bench and held :- (i) that a total ban on the slaughter of cows of all ages and calves of cows and calves of she-buffaloes, male or female, was quite reasonable and valid and is in consonance with the Directive Principles laid down in Article 48; (ii) that a total ban on the slaughter of she-buffaloes or breeding bulls or working bullocks (cattle as well as buffaloes) as long as they are capable of being used as milch or draught cattle was also reasonable and valid; and (iii) that a total ban on slaughter of she-buffaloes, bulls and bullocks (cattle or buffalo) after they ceased to be capable of yielding milk or of breeding or working as draught animals could not be supported as reasonable in the interests of the general public and was invalid.
The first ground of challenge was simply turned down due to the meagre materials placed before their Lordships and the bald allegations and denials made by the parties. No one specially competent to expound the religious tenets of Islam filed any affidavit and no reference was made to any particular Surah of the Holy Quran which, in terms, requires the sacrifice of a cow. It was noticed that many Muslims do not sacrifice cow on the BakrI'd day. Their Lordships stated, inter alia :- "It is part of the known history of India that the Moghul Emperor Babar saw the wisdom of prohibiting the slaughter of cows as and by way of religious sacrifice and directed his son Humayun to follow this example. Similarly Emperors Akbar, Jehangir, and Ahmad Shah, it is said, prohibited cow slaughter. Nawab Hyder Ali of Mysore made cow slaughter an offence punishable with the cutting of the hands of the offenders. Three of the members of the Gosamvardhan Enquiry Committee set up by the Uttar Pradesh Government in 1953 were Muslims and concurred in the unanimousrecommendation for total ban on slaughter of cows. We have, however, no material on the record before us which will enable us to say, in the face of the foregoing facts, that the sacrifice of a cow on that day is an obligatory overt act for a Mussalman to exhibit his religious belief and idea. In the premises, it is not possible for us to uphold this claim of the petitioners." (p.651)
In State of West Bengal and Ors. v. Ashutosh Lahiri, (1995) 1 SCC 189, this Court has noted that sacrifice of any animal by muslims for the religious purpose on BakrI'd does not include slaughtering of cow as the only way of carrying out that sacrifice. Slaughtering of cow on BakrI'd is neither essential to nor necessarily required as part of the religious ceremony. An optional religious practice is not covered by Article 25(1). On the contrary, it is common knowledge that cow and its progeny, i.e., bull, bullocks and calves are worshipped by Hindus on specified days during Diwali and other festivals like Makr-Sankranti and Gopashtmi. A good number of temples are to be found where the statue of 'Nandi' or 'Bull' is regularly worshipped. However, we do not propose to delve further into the question as we must state, in all fairness to the learned counsel for the parties, that no one has tried to build any argument either in defence or in opposition to the judgment appealed against by placing reliance on religion or Article 25 of the Constitution.
Dealing with the challenge founded on Article 14 of the Constitution, their Lordships reiterated the twin tests on the anvil of which the reasonability of classification for the purposeof legislation has to be tested, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (ii) that such differentia must have a rational relation to the object sought to be achieved by the statute in question (p.652). Applying the twin tests to the facts of the cases before them, their Lordships held that it was quite clear that the objects sought to be achieved by the impugned Acts were the preservation, protection and improvement of livestocks. Cows, bulls, bullocks and calves of cows are no doubt the most important cattle for the agricultural economy of this country. Female buffaloes yield a large quantity of milk and are,therefore, well looked after and do not need as much protection as cows yielding a small quantity of milk require. As draught cattle, male buffaloes are not half as useful as bullocks. Sheep and goat give very little milk compared to the cows and the female buffaloes and have practically no utility as draught animals. These different categories of animals being susceptible of classification into separate groups on the basis of their usefulness to society, the butchers who kill each category may also be placed in distinct classes according to the effect produced on society by the carrying on of their respective occupations (p. 653). Their Lordships added :-"The attainment of these objectives may well necessitate that the slaughterers of cattle should be dealt with more stringently than the slaughterers of, say, goats and sheep. The impugned Acts, therefore, have adopted a classification on sound and intelligible basis and can quite clearly stand the test laid down in the decisions of this Court. Whatever objections there may be against the validity of the impugned Acts the denial of equal protection of the laws does not, prima facie, appear to us to be one of them. In any case, bearing in mind the presumption of constitutionality attaching to all enactments founded on the recognition by the court of the fact that the legislature correctly appreciates the needs of its own people there appears to be no escape from the conclusion that the petitioners have not discharged the onus that was on them and the challenge under Article 14 cannot, therefore, prevail." (p. 653)
The challenge to the constitutional validity founded under
Article 14 was clearly and in no unmistaken terms turned down.The third contention, that is, whether the "total prohibition" could be sustained as a reasonable restriction on the fundamental right of the butchers to slaughter animals of their liking or in which they were trading, was dealt with in great detail. This is the aspect of the decision of the Constitution Bench in Quareshi-I which, in the submission of the learned senior counsel for the appellants, was not correctly decided and, therefore, calls for reconsideration. The question was dealt with by their Lordships from very many angles. Whether the restrictions permissible under clause (6) of Article 19 may extend to "total prohibition" ___ was treated by their Lordships as a vexed question and was left open without expressing any final opinion as their Lordships chose to concentrate on the issue as to whether the restriction was at all reasonable in the interests of the general public, de hors the fact whether it could be held to be partial or total. Their Lordships referred to a lot of documentary evidence which was produced before them, such as (i) the figures of 1951 Animals' Census; (ii) Report on the Marketing of Cattle in India issued by the Directorate of Marketing and Inspection, Ministry of Goods and Agriculture, Government of India, 1956; and (iii) the figures given in the First and Second Five Years Plans and so on. Their Lordships concluded that if the purpose of sustaining the health of the nation by the usefulness of the cow and her progeny was achieved by the impugned enactments the restriction imposed thereby could be held to be reasonable in the interest of the general public.
Their Lordships referred to other documents as well. The findings of fact arrived at, based on such evidence may briefly be summed up. In the opinion of their Lordships, cow progeny ceased to be useful as a draught cattle after a certain age and they, although useful otherwise, became a burden on the limited fodder available which, but for the so-called useless animals, would be available for consumption by milch and draught animals. The response of the States in setting up Gosadans (protection home for cow and cow progeny) was very poor. It was on appreciation of the documentary evidence and the deduction drawn therefrom which led their Lordships to conclude that in spite of there being a presumption in favour of the validity of the legislation and respect for the opinion of the legislatures as expressed by the three impugned enactments, they were inclined to hold that a total ban of the nature imposed could not be supported as reasonable in the interests of the general public.
While dealing with the submissions made by the learned senior counsel before us, we would once again revert to this judgment. It would suffice to observe here that, excepting for one limited ground, all other grounds of challenge to the constitutional validity of the impugned enactments had failed.
In Abdul Hakim Quraishi & Ors. v. State of Bihar, (1961) 2 SCR 610 (hereinafter referred to as Quraishi-II) once again certain amendments made by the Legislatures of the States of Bihar, Madhya Pradesh and Uttar Pradesh were put in issue. The ground of challenge was confined to Article 19(1)(g) read with Article 19(6). The ban as imposed by the impugned Act was once again held to be 'total' and hence an unreasonable restriction. The Constitution Bench, by and large, chose to follow the dictum of this Court in Quareshi-I.
In Mohammed Faruk v. State of Madhya Pradesh & Ors., (1969) 1 SCC 853, the State Government issued a notification whereby the earlier notification issued by the Jabalpur Municipality which permitted the slaughter of bulls and bullocks along with other animals was recalled. Para 6 of the judgment notes the anguish of the Constitution Bench, as in the opinion of their Lordships, the case was apparently another attempt, though on a restricted scale, to circumvent the judgment of this Court in Quareshi-I. Vide para 9, their Lordships have noticed the decision of this Court in Narendra Kumar & Ors. v. The Union of India and Ors., (1960) 2 SCR 375, which upholds the view that the term "restriction" in Articles 19(5) and 19(6) of the Constitution includes cases of "prohibition" also. Their Lordships drew a distinction between cases of "control" and "prohibition" and held that when the exercise of a fundamental right is prohibited, the burden of proving that a total ban on the exercise of the right alone would ensure the maintenance of the general public interest lies heavily upon the State. As the State failed in discharging that burden, the notification was held liable to be struck down as imposing an unreasonable restriction on the fundamental right of the petitioners.
In Haji Usmanbhai Hassanbhai Qureshi and Ors. v. State of Gujarat, (1986) 3 SCC 12 (hereinafter referred to as 'Qureshi-III') the constitutional validity of the Bombay Act as amended by Gujarat Act 16 of 1961 was challenged. The ban prohibited slaughter of bulls and bullocks below the age of 16 years. The petitioners pleaded that such a restriction on their right to carry on the trade or business in beef and allied articles was unreasonable. Yet another plea was urged that the total ban offended their religion as qurbani (sacrifice) at the time of BakrI'd or Id festival as enjoined and sanctioned by Islam. The High Court rejected the challenge on both the grounds. The writ petitioners came in appeal to this Court. The appeal was dismissed. While doing so, this Court took note of the material made available in the form of an affidavit filed by the Under Secretary to the Government of Gujarat, Agriculture, Forest and Cooperation Department wherein it was deposed that because of improvement and more scientific methods of cattle breeding and advancement in the science of looking after the health of cattle in the State of Gujarat, today a situation has been reached wherein the cattle remain useful for breeding, draught and other agricultural purposes above the age of 16 years as well. As the bulls and bullocks upto the 16 years of age continued to be useful, the prescription of the age of 16 years up to which they could not be slaughtered was held to be a reasonable restriction, keeping in mind the balance which has to be struck between public interest which requires useful animals to be preserved, and permitting the appellants (writ petitioners) to carry on their trade and profession. The test of reasonableness of the restriction on the fundamental right guaranteed by Article 19(1)(g) was held to have been satisfied.
The challenge based on Article 14 of the Constitution alleging the impugned legislation to be discriminatory, as it was not uniform in respect of all cattle, was rejected.
The Court also held that buffaloes and their progeny, on the one hand and cows and their progeny, on the other hand constitute two different classes and their being treated differently does not amount to hostile discrimination.In Hashmattullah v. State of M.P. and Others, (1996) 4 SCC 391, vires of M.P. Krishik Pashu Parirakshan (Sanshodhan) Adhiniyam, 1991 imposing a total ban on the slaughter of bulls and bullocks in the State of Madhya Pradesh was challenged. The validity of the amending Act was upheld by the High Court. The writ petitioners came up in appeal to this Court which was allowed and the amending Act was struck down as ultra vires the Constitution.In State of West Bengal and others v. Ashutosh Lahiri and Others, (1995) 1 SCC 189, the legislation impugned therein permitted slaughter of cows on the occasion of BakrI'd subject to an exemption in that regard being allowed by the State Government. The power to grant such an exemption was challenged. The High Court allowed the writ petition and struck down the power of the State Government to grant such an exemption. There was a total ban imposed on the slaughter of healthy cows and other animals mentioned in the schedule under Section 2 of the Act. The State of West Bengal appealed. On a review of earlier decisions of this Court, the three-Judge Bench concluded that it was a settled legal position that there was no fundamental right of Muslims to insist on slaughter of healthy cows on the occasion of BakrI'd. The contention that not only an essential religious practice under Article 25(1) of Constitution, but even optional religious practice could be permitted, was discarded. The Court held "We, therefore, entirely concur with the view of the High Court that slaughtering of healthy cows on BakrI'd is not essential or required for religious purpose of Muslims or in other words it is not a part of religious requirement for a Muslim that a cow must be necessarily sacrificed for earning religious merit on BakrI'd."
Issues in Present Set of Appeals Though there is no explicit concession given but it became clear during the course of prolonged hearing before us that the decision of this case hinges much on the answer to the question whether the view of this Court in Quareshi-I is to be upheld or not. While the submission of the learned senior counsel for the appellants has been that, to the extent the Constitution Bench in Quareshi-I holds the total ban on slaughter of cow progeny to be unconstitutional, it does not lay down good law for various reasons, the learned senior counsel for the writ petitioners-respondents has submitted that Quareshi-I leads a chain of five decisions of this Court which in view of the principle of stare decisis, this Court should not upset. The learned senior counsel for the appellants find following faults with the view taken by this Court in Quareshi-I, to the extent to which it goes against the appellants:- (1) Quareshi-I holds Directive Principles of State Policy to be unenforceable and subservient to the Fundamental Rights and, therefore, refuses to assign any weight to the Directive Principle contained in Article 48 of the Constitution and refuses to hold that its implementation can be a valid ground for proving reasonability of the restriction imposed on the
Fundamental Right guaranteed by Article 19(1)(g) of
the Constitution a theory which stands discarded in a series of subsequent decisions of this Court.
(2) What has been noticed in Quareshi-I is Article 48 alone; Article 48A and Article 51A(g) were not noticed as they were not available then, as they were introduced in the Constitution by Forty-second Amendment with effect from 3.1.1977.
(3)The meaning assigned to "other milch and draught cattle" in Quareshi-I is not correct. Such a narrow view as has been taken in Quareshi-I does not fit into the scheme of the Constitution and, in particular, the spirit of Article 48.
(4) Quareshi-I does not assign the requisite weight to the facts contained in the Preamble and Statement of Objects and Reasons of the enactments impugned therein.
(5)'Restriction' and 'Regulation' include 'Prohibition' and a partial restraint does not amount to total prohibition. Subsequent to the decision in Quareshi-I the trend of judicial decisions in this area indicates that regulation or restriction within the meaning of Articles 19(5) and 19(6) of the Constitution includes total prohibition - the question which was not answered and left open in Quareshi-I.
(6) In spite of having decided against the writ petitioners on all their principal pleas, the only ground on which the constitutional validity of the impugned enactments was struck down in Quareshi-I is founded on the finding of facts that cow progeny ceased to be useful after a particular age, that preservation of such 'useless cattle' by establishment of gosadan was not a practical and viable proposition, that a large percentage of the animals, not fit for slaughter, are slaughtered surreptitiously outside the municipal limits, that the quantum of available fodder for cattle added with the dislodgment of butchers from their traditional profession renders the total prohibition on slaughter not in public interest. The factual situation has undergone a drastic change since then and hence the factual foundation, on which the legal finding has been constructed, ceases to exist depriving the later of all its force.
The learned senior counsel for the appellants further submitted that Quareshi-I forms the foundation for subsequent decisions and if the very basis of Quareshi-I crumbles, the edifice of subsequent decisions which have followed Quareshi-I would also collapse. We will examine the validity of each of the contentions so advanced and at the end also examine whether the principle of stare decisis prevents us from reopening the question answered in favour of writ petitioners in Quareshi-I.
PART IIQuestion-1. Fundamental Rights and Directive Principles:-"It was the Sapru Committee (1945) which initially suggested two categories of rights: one justiciable and the other in the form of directives to the State which should be regarded as fundamental in the governance of the country Those directives are not merely pious declarations. It was the intention of the framers of the Constitution that in future both the Legislature and the Executive should not merely pay lip service to these principles but they should be made the basis of all legislative and executive actions that the future Government may be taking in matter of governance of the country. (Constituent Assembly Debates, Vol.7, at page 41)" (See: The Constitution of India, D.J. De, Second Edition, 2005, p.1367). If we were to trace the history of conflict and irreconciliability between Fundamental Rights and Directive Principles, we will find that the development of law has passed through three distinct stages.
To begin with, Article 37 was given a literal meaning holding the provisions contained in Part IV of the Constitution to be unenforceable by any Court. In The State of Madras v. Srimathi Champakam Dorairajan, 1951 SCR 525, it was held that the Directive Principles of State Policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. The view was reiterated in Deep Chand and Anr. v. The State of Uttar Pradesh and Others, 1959 Supp. (2) SCR 8. The Court went on to hold that disobedience to Directive Principles cannot affect the legislative power of the State. So was the view taken in In Re : The Kerala Education Bill, 1957 , 1959 SCR 995.
With L.C. Golak Nath and others v. State of Punjab and Another, (1967) 2 SCR 762, the Supreme Court departed from the rigid rule of subordinating Directive Principles and entered the era of harmonious construction. The need for avoiding a conflict between Fundamental Rights and Directive Principles was emphasized, appealing to the legislature and the courts to strike a balance between the two as far as possible. Having noticed Champakam (supra) even the Constitution Bench in Quareshi-I chose to make a headway and held that the Directive Principles nevertheless are fundamental in the governance of the country and it is the duty of the State to give effect to them. "A harmonious interpretation has to be placed upon the Constitution and so interpreted it means that the State should certainly implement the directive principles but it must do so in such a way that its laws do not take away or abridge the fundamental rights, for otherwise the protecting provisions of Part III will be a 'mere rope of sand'." Thus, Quareshi-I did take note of the status of Directive Principles having been elevated from 'sub-ordinate' or 'sub-servient' to 'partner' of Fundamental Rights in guiding the nation.
His Holiness Kesavananda Bharati Sripadagalvaru and Anr. v. State of Kerala and Anr., (1973) 4 SCC 225, a thirteen-Judge Bench decision of this Court is a turning point in the history of Directive Principles jurisprudence. This decision clearly mandated the need for bearing in mind the Directive Principles of State Policy while judging the reasonableness of the restriction imposed on Fundamental Rights. Several opinions were recorded in Kesavananda Bharati and quoting from them would significantly increase the length of this judgment. For our purpose, it would suffice to refer to the seven-Judge Bench decision in Pathumma and Others v. State of Kerala and Ors., (1978) 2 SCC 1, wherein the learned Judges neatly summed up the ratio of Kesavananda Bharati and other decisions which are relevant for our purpose. Pathumma (supra) holds :-
"(1) Courts interpret the constitutional provisions against the social setting of the country so as to show a complete consciousness and deep awareness of the growing requirements of society, the increasing needs of the nation, the burning problems of the day and the complex issues facing the people, which the legislature, in its wisdom, through beneficial legislation, seeks to solve. The judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid. This Court while acting as a sentinel on the qui vive to protect fundamental rights guaranteed to the citizens of the country must try to strike a just balance between the fundamental rights and the larger and broader interests of society so that when such a right clashes with a larger interest of the country it must yield to the latter.(Para 5)
(2)The Legislature is in the best position to understand and appreciate the needs of the people as enjoined in the Constitution. The Court will interfere in this process only when the statute is clearly violative of the right conferred on a citizen under Part III or when the Act is beyond the legislative competence of the legislature. The courts have recognised that there is always a presumption in favour of the constitutionality of the statutes and the onus to prove its invalidity lies on the party which assails it. (Para 6)(3) The right conferred by Article 19(1)(f) is conditioned by the various factors mentioned in clause (5). (Para 8)
(4) The following tests have been laid down as guidelines to indicate in what particular circumstances a restriction can be regarded as reasonable: (a) In judging the reasonableness of the restriction the court has to bear in mind the Directive Principles of State Policy. (Para 8)
(b) The restrictions must not be arbitrary or of an excessive nature so as to go beyond the requirements of the interests of the general public. The legislature must take intelligent care and deliberation in choosing the course which is dictated by reason and good conscience so as to strike a just balance between the freedom in the article and the social control permitted by the restrictions under the article. (Para 14)
(c) No abstract or general pattern or fixed principle can be laid down so as to be of universal application. It will have to vary from case to case and having regard to the changing conditions, the values of human life, social philosophy of the Constitution, prevailing conditions and the surrounding circumstances all of which must enter into the judicial verdict. (Para 15)
(d) The Court is to examine the nature and extent, the purport and content of the right, the nature of the evil sought to be remedied by the statute, the ratio of harm caused to the citizen and the benefit conferred on the person or the community for whose benefit the legislation is passed. (Para 18 )
(e) There must be a direct and proximate nexus or a reasonable connection between the restriction imposed and the object which is sought to be achieved. (Para 20)
(f) The needs of the prevailing social values must be satisfied by the restrictions meant to protect social welfare. (Para 22)
(g) The restriction has to be viewed not only from the point of view of the citizen but the problem before the legislature and the object which is sought to be achieved by the statute. In other words, the Court must see whether the social control envisaged by Article 19 (1) is being effectuated by the restrictions imposed on the fundamental right. However important the right of a citizen or an individual may be it has to yield to the larger interests of the country or the community. (Para 24)
(h) The Court is entitled to take into consideration matters of common report history of the times and matters of common knowledge and the circumstances existing at the time of the legislation for this purpose. (Para 25)"(underlining by us)
In State of Kerala and Anr. v. N.M. Thomas and Ors., (1976) 2 SCC 310, also a seven-Judge Bench of this Court culled out and summarized the ratio of this Court in Kesavananda Bharati. Fazal Ali, J extracted and set out the relevant extract from the opinion of several Judges in Kesavananda Bharati and then opined:
"In view of the principles adumbrated by this Court it is clear that the directive principles form the fundamental feature and the social conscience of the Constitution and the Constitution enjoins upon the State to implement these directive principles. The directives thus provide the policy, the guidelines and the end of socio-economic freedom and Articles 14 and 16 are the means to implement the policy to achieve the ends sought to be promoted by the directive principles. So far as the courts are concerned where there is no apparent inconsistency between the directive principles contained in Part IV and the fundamental rights mentioned in Part III, which in fact supplement each other, there is no difficulty in putting a harmonious construction which advances the object of the Constitution. Once this basic fact is kept in mind, the interpretation of Articles 14 and 16 and their scope and ambit become as clear as day."
The message of Kesavananda Bharati is clear. The interest of a citizen or section of a community, howsoever important, is secondary to the interest of the country or community as a whole. For judging the reasonability of restrictions imposed on Fundamental Rights the relevant considerations are not only those as stated in Article 19 itself or in Part-III of the Constitution; the Directive Principles stated in Part-IV are also relevant. Changing factual conditions and State policy, including the one reflected in the impugned enactment, have to be considered and given weightage to by the courts while deciding the constitutional validity of legislative enactments. A restriction placed on any Fundamental Right, aimed at securing Directive Principles will be held as reasonable and hence intra vires subject to two limitations : first, that it does not run in clear conflict with the fundamental right, and secondly, that it has been enacted within the legislative competence of the enacting legislature under Part XI Chapter I of the Constitution.
In Municipal Corporation of the City of Ahmedabad & Ors. v. Jan Mohammed Usmanbhai & Anr., (1986) 3 SCC 20, what was impugned before the High Court was a standing order issued by the Municipal Commissioner of the State of Ahmedabad, increasing the number of days on which slaughter houses should be kept closed to seven, in supersession of the earlier standing order which directed the closure for only four days. The writ petitioner, a beef dealer, challenged the constitutional validity of the impugned standing orders (both, the earlier and the subsequent one) as violative of Articles 14 and 19(1)(g) of the Constitution. The challenge based on Articles 14 of the Constitution was turned down both by the High Court and the Supreme Court. However, the High Court had struck down the seven days closure as not "in the interests of the general public" and hence not protected by Clause (6) of Article 19 of the Constitution. In appeal preferred by the Municipal Corporation, the Constitution Bench reversed the Judgment of the High Court and held that the objects sought to be achieved by the impugned standing orders were the preservation, protection and improvement of live-stock, which is one of the Directive Principles. Cows, bulls, bullocks and calves of cows are no doubt the most important cattle for our agricultural economy. They form a separate class and are entitled to be treated differently from other animals such as goats and sheep, which are slaughtered. The Constitution Bench ruled that the expression "in the interests of general public" is of a wide import covering public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution.
In Workmen of Meenakshi Mills Ltd. and Others. v. Meenakshi Mills Ltd. and Anr. , (1992) 3 SCC 336, the Constitution Bench clearly ruled (vide para 27) "Ordinarily any restriction so imposed which has the effect of promoting or effectuating a directive principle can be presumed to be a reasonable restriction in public interest." Similar view is taken in Papnasam Labour Union v. Madura Coats Ltd. and Anr. , (1995) 1 SCC 501.
Directive Principles Long back in The State of Bombay and anr. v. F.N. Balsara, 1951 SCR 682, a Constitution Bench had ruled that in judging the reasonableness of the restrictions imposed on the Fundamental Rights, one has to bear in mind the Directive Principles of State Policy set-forth in Part IV of the Constitution, while examining the challenge to the constitutional validity of law by reference to Article 19(1)(g) of the Constitution.
In a comparatively recent decision of this Court in M.R.F. Ltd. v. Inspector, Kerala Govt. and Ors., (1998) 8 SCC 227, this Court, on a conspectus of its various prior decisions summed up principles as 'clearly discernible', out of which three that are relevant for our purpose, are extracted and reproduced hereunder.
"13.On a conspectus of various decisions of this Court, the following principles are clearly discernible:
(1)While considering the reasonableness of the restrictions, the court has to keep in mind the Directive Principles of State Policy. xxxxxx(3)In order to judge the reasonableness of the restrictions, no abstract or general pattern or a fixed principle can be laid down so as to be of universal application and the same will vary from case to case as also with regard to changing conditions, values of human life, social philosophy of the Constitution, prevailing conditions and the surrounding circumstances. xxxxxx(6)There must be a direct and proximate nexus or a reasonable connection between the restrictions imposed and the object sought to be achieved. If there is a direct nexus between the restrictions and the object of the Act, then a strong presumption in favour of the constitutionality of the Act will naturally arise. (See: Kavalappara Kottarathil Kochuni Vs. State of Madras and Kerala, (1960) 3 SCR 887; O.K. Ghosh Vs. E.X. Joseph, 1963 Supp. (1) SCR 789)"
Very recently in Indian Handicrafts Emporium and Ors. v. Union of India and Ors., (2003) 7 SCC 589, this Court while dealing with the case of a total prohibition reiterated that 'regulation' includes 'prohibition' and in order to determine whether total prohibition would be reasonable, the Court has to balance the direct impact on the fundamental right of the citizens as against the greater public or social interest sought to be ensured. Implementation of the Directive Principles contained in Part IV is within the expression of 'restriction in the interests of the general public'
Post Kesavananda Bharati so far as the determination of the position of Directive Principles, vis-a-vis Fundamental Rights are concerned, it has been an era of positivism and creativity.
Article 37 of the Constitution which while declaring the Directive Principles to be unenforceable by any Court goes on to say "that they are nevertheless fundamental in the governance of the country." Several clauses of Article 37 themselves need to be harmoniously construed assigning equal weightage to all of them. The end part of Article 37 "It shall be the duty of the State to apply these principles in making laws" is not a pariah but a constitutional mandate. The series of decisions which we have referred to hereinabove and the series of decisions which formulate the 3-stages of development of the relationship between Directive Principles and Fundamental Rights undoubtedly hold that, while interpreting the interplay of rights and restrictions, Part-III (Fundamental Rights) and Part-IV (Directive Principles) have to be read together. The restriction which can be placed on the rights listed in Article 19(1) are not subject only to Articles 19(2) to 19(6); the provisions contained in the chapter on Directive Principles of State Policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the Fundamental Rights.
Question 2 Fundamental Rights and Articles 48, 48-A and 51-A (g) of Constitution
Articles 48, 48-A and 51-A(g) (relevant clause) of the Constitution read as under :-
"48. Organisation of agriculture and animal husbandry.The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
48-A. Protection and improvement of environment and safeguarding of forests and wild life.The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
51-A. Fundamental duties.It shall be the duty of every citizen of India
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"
Articles 48-A and 51-A have been introduced into the body of the Constitution by the Constitution (Forty-second Amendment) Act, 1976 with effect from 3.1.1977. These Articles were not a part of the Constitution when Quareshi-I, Quraishi-II and Mohd. Faruk's cases were decided by this Court. Further, Article 48 of the Constitution has also been assigned a higher weightage and wider expanse by the Supreme Court post Quareshi-I. Article 48 consists of two parts. The first part enjoins the State to "endeavour to organize agricultural and animal husbandry" and that too "on modern and scientific lines". The emphasis is not only on 'organization' but also on 'modern and scientific lines'. The subject is 'agricultural and animal husbandry'. India is an agriculture based economy. According to 2001 census, 72.2% of the population still lives in villages (See- India Vision 2020, p.99) and survives for its livelihood on agriculture, animal husbandry and related occupations. The second part of Article 48 enjoins the State, de hors the generality of the mandate contained in its first part, to take steps, in particular, "for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle".
Article 48-A deals with "environment, forests and wild life". These three subjects have been dealt with in one Article for the simple reason that the three are inter-related. Protection and improvement of environment is necessary for safeguarding forests and wild life, which in turn protects and improves the environment. Forests and wild life are clearly inter-related and inter-dependent. They protect each other.
Cow progeny excreta is scientifically recognized as a source of rich organic manure. It enables the farmers avoiding the use of chemicals and inorganic manure. This helps in improving the quality of earth and the environment. The impugned enactment enables the State in its endeavour to protect and improve the environment within the meaning of Article 48A of the Constitution.
By enacting clause (g) in Article 51-A and giving it the status of a fundamental duty, one of the objects sought to be achieved by the Parliament is to ensure that the spirit and message of Articles 48 and 48A is honoured as a fundamental duty of every citizen. The Parliament availed the opportunity provided by the Constitution (Forty-second Amendment) Act, 1976 to improve the manifestation of objects contained in Article 48 and 48-A. While Article 48-A speaks of "environment", Article 51-A(g) employs the expression "the natural environment" and includes therein "forests, lakes, rivers and wild life". While Article 48 provides for "cows and calves and other milch and draught cattle", Article 51-A(g) enjoins it as a fundamental duty of every citizen "to have compassion for living creatures", which in its wider fold embraces the category of cattle spoken of specifically in Article 48.
In AIIMS Students' Union v. AIIMS and Ors., (2002) 1 SCC 428, a three-Judge Bench of this Court made it clear that fundamental duties, though not enforceable by writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples' wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment. The Court further held that the State is, in a sense, 'all the citizens placed together' and, therefore, though Article 51A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is, collectively speaking, the duty of the State.
In Mohan Kumar Singhania & Ors. v. Union of India & Ors., 1992 Supp (1) SCC 594, a governmental decision to give utmost importance to the training programme of the Indian Administrative Service selectees was upheld by deriving support from Article 51-A(j) of the Constitution, holding that the governmental decision was in consonance with one of the fundamental duties.
In State of U.P. v. Yamuna Shanker Misra & Ors., (1997) 4 SCC 7, this Court interpreted the object of writing the confidential reports and making entries in the character rolls by deriving support from Article 51-A(j) which enjoins upon every citizen the primary duty to constantly endeavour to strive towards excellence, individually and collectively.
In Rural Litigation and Entitlement Kendra & Ors. v. State of Uttar Pradesh & Ors., 1986 (Supp) SCC 517, a complete ban and closing of mining operations carried on in the Mussoorie hills was held to be sustainable by deriving support from the fundamental duty as enshrined in Article 51-A(g) of the Constitution. The Court held that preservation of the environment and keeping the ecological balance unaffected is a task which not only Governments but also every citizen must undertake. It is a social obligation of the State as well as of the individuals.
In T.N. Godavarman Thirumalpad v. Union of India & Ors., (2002) 10 SCC 606, a three-Judge Bench of this Court read Article 48-A and Article 51-A together as laying down the foundation for a jurisprudence of environmental protection and held that "Today, the State and the citizens are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wild life and to have compassion for living creatures".
In State of W.B. & Ors. v. Sujit Kumar Rana, (2004) 4 SCC 129, Articles 48 and 51-A(g) of the Constitution were read together and this Court expressed that these provisions have to be kept in mind while interpreting statutory provisions.
It is thus clear that faced with the question of testing the constitutional validity of any statutory provision or an executive act, or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right by way of regulation, control or prohibition, the Directive Principles of State Policy and Fundamental Duties as enshrined in Article 51-A of the Constitution play a significant role. The decision in Quareshi-I in which the relevant provisions of the three impugned legislations was struck down on the singular ground of lack of reasonability, would have decided otherwise if only Article 48 was assigned its full and correct meaning and due weightage was given thereto and Articles 48-A and 51-A(g) were available in the body of the Constitution
.Question 3 : Milch and draught cattle, meaning of, in Article 48
Article 48 employs the expression 'cows and calves and other milch and draught cattle'. What meaning is to be assigned to the expression 'milch and draught cattle'? The question is whether when Article 48 precludes slaughter of cows and calves by description, the words 'milch and draught cattle' are described as a like species which should not be slaughtered or whether such species are protected only till they are 'milch or draught' and the protection ceases whenever, they cease to be 'milch or draught', either temporarily or permanently? According to their inherent genetic qualities, cattle breeds are broadly divided into 3 categories (i) Milch breed (ii) Draught breed, and (iii) Dual purpose breed. Milch breeds include all cattle breeds which have an inherent potential for milk production whereas draught breeds have an inherent potential for draught purposes like pulling, traction of loads etc. The dual purpose breeds have the potential to perform both the above functions.
The term draught cattle indicates "the act of moving loads by drawing or pulling i.e. pull and traction etc. Chambers 20th Century Dictionary defines 'draught animal' as 'one used for drawing heavy loads'.
Cows are milch cattle. Calves become draught or milch cattle on attaining a particular age. Having specifically spoken of cows and calves, the latter being a cow progeny, the framers ofthe Constitution chose not to catalogue the list of other milch and draught cattle and felt satisfied by employing a general expression "other milch and draught cattle" which in their opinion any reader of the Constitution would understand in the context of the previous words "cows and calves".
"Milch and draught", the two words have been used as adjectives describing and determining the quality of the noun 'cattle'. The function of a descriptive or qualitative adjective is to describe the shape, colour, size, nature or merits or demerits of the noun which they precede and qualify. In a document like the Constitution, such an adjective cannot be said to have been employed by the framers of the Constitution for the purpose of describing only a passing feature, characteristic or quality of the cattle. The object of using these two adjectives is to enable classification of the noun 'cattle' which follows. Had it been intended otherwise, the framers of the Constitution would have chosen a different expression or setting of words.
No doubt, cow ceases to be 'milch' after attaining a particular age. Yet, cow has been held to be entitled to protection against slaughter without regard to the fact that it has ceased to be 'milch'. This constitutional position is well settled. So is the case with calves. Calves have been held entitled to protection against slaughter without regard to their age and though they are not yet fit to be employed as 'draught cattle'. Following the same construction of the expression, it can be saidthat the words "calves and other milch and draught cattle" have also been used as a matter of description of a species and not with regard to age. Thus, 'milch and draught' used as adjectives simply enable the classification or description of cattle by their quality, whether they belong to that species. This classification is with respect to the inherent qualities of the cattle to perform a particular type of function and is not dependant on their remaining functional for those purposes by virtue of the age of the animal. "Milch and draught cattle" is an expression employed in Article 48 of the Constitution so as to distinguish such cattle from other cattle which are neither milch nor draught.
Any other meaning assigned to this expression is likely to result in absurdity. A milch cattle goes through a life cycle during which it is sometimes milch and sometimes it becomes dry. This does not mean that as soon as a milch cattle ceases to produce milk, for a short period as a part of its life cycle, it goes out of the purview of Article 48, and can be slaughtered. A draught cattle may lose its utility on account of injury or sickness and may be rendered useless as a draught cattle during that period. This would not mean that if a draught cattle ceases to be of utility for a short period on account of sickness or injury, it is excluded from the definition of 'draught cattle' and deprived of the benefit of Article 48.
This reasoning is further strengthened by Article 51A(g) of the Constitution. The State and every citizen of India must have compassion for living creatures. Compassion, according to Oxford Advanced Learners' Dictionary means "a strong feeling of sympathy for those who are suffering and a desire to help them". According to Chambers 20th Century Dictionary, compassion is "fellow feeling, or sorrow for the sufferings of another : pity". Compassion is suggestive of sentiments, a soft feeling, emotions arising out of sympathy, pity and kindness. The concept of compassion for living creatures enshrined in Article 51A (g) is based on the background of the rich cultural heritage of India the land of Mahatama Gandhi, Vinobha, Mahaveer, Budha, Nanak and others. No religion or holy book in any part of the world teaches or encourages cruelty. Indian society is a pluralistic society. It has unity in diversity. The religions, cultures and people may be diverse, yet all speak in one voice that cruelty to any living creature must be curbed and ceased. A cattle which has served human beings is entitled to compassion in its old age when it has ceased to be milch or draught and becomes so-called 'useless'. It will be an act of reprehensible ingratitude to condemn a cattle in its old age as useless and send it to a slaughter house taking away the little time from its natural life that it would have lived, forgetting its service for the major part of its life, for which it had remained milch or draught. We have to remember : the weak and meek need more of protection and compassion.
In our opinion, the expression 'milch or draught cattle' as employed in Article 48 of the Constitution is a description of a classification or species of cattle as distinct from cattle which by their nature are not milch or draught and the said words do not include milch or draught cattle, which on account of age or disability, cease to be functional for those purposes either temporarily or permanently. The said words take colour from the preceding words "cows or calves". A specie of cattle which is milch or draught for a number of years during its span of life is to be included within the said expression. On ceasing to be milch or draught it cannot be pulled out from the category of "other milch and draught cattle."
Question - 4 : Statement of Objects and Reasons -
Significance and Role thereof
Reference to the Statement of Objects and Reasons is permissible for understanding the background, antecedent state of affairs in relation to the statute, and the evil which the statute was sought to remedy. (See __ Principles of Statutory Interpretation by Justice G.P. Singh, 9th Edition, 2004, at p.218). In State of West Bengal v. Subodh Gopal Bose and Ors., 1954 SCR 587, the Constitution Bench was testing the constitutional validity of the legislation impugned therein. The Statement of Objects and Reasons was used by S.R. Das, J. for ascertaining the conditions prevalent at that time which led to the introduction of the Bill and the extent and urgency of the evil which was sought to be remedied, in addition to testing the reasonableness of the restrictions imposed by the impugned provision. In his opinion, it was indeed very unfortunate that the Statement of Objects and Reasons was not placed before the High Court which would have assisted the High Court in arriving at the right conclusion as to the reasonableness of the restriction imposed. State of West Bengal v. Union of India, (1964) 1 SCR 371, 431-32 approved the use of Statement of Objects and Reasons for the purpose of understanding the background and the antecedent state of affairs leading upto the legislation.
In Quareshi-I itself, which has been very strongly relied upon by the learned counsel for the respondents before us, Chief Justice S.R. Das has held:-"Pronouncements of this Court further establish, amongst other things, that there is always a presumption in favour of the constitutionality of an enactment and that the burden is upon him, who attacks it, to show that there has been a clear violation of the constitutional principles. The courts, it is accepted, must presume that the legislature understands and correctly appreciates the needs of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds. It must be borne in mind that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest and finally that in order to sustain the presumption of constitutionality the Court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation. (Para 15). The legislature is the best judge of what is good for the community, by whose suffrage it comes into existence....". This should be the proper approach for the court but the ultimate responsibility for determining the validity of the law must rest with the court." (Para 21, also see the several decisions referred to therein).(underlining by us)
The facts stated in the Preamble and the Statement of Objects and Reasons appended to any legislation are evidence of legislative judgment. They indicate the thought process of the elected representatives of the people and their cognizance of the prevalent state of affairs, impelling them to enact the law. These, therefore, constitute important factors which amongst others will be taken into consideration by the court in judging the reasonableness of any restriction imposed on the Fundamental Rights of the individuals. The Court would begin with a presumption of reasonability of the restriction, more so when the facts stated in the Statement of Objects and Reasons and the Preamble are taken to be correct and they justify the enactment of law for the purpose sought to be achieved.
In Sardar Inder Singh v. The State of Rajasthan, 1957 SCR 605, a Constitution Bench was testing the validity of certain provisions of the Ordinance impugned before and it found it to be repugnant to Article 14 of the Constitution and hence void. At page 620, Venkatarama Aiyar, J. speaking for the Constitution Bench referred to the recitals contained in the Preamble to the Ordinance and the object sought to be achieved by the Ordinance as flowing therefrom and held "that is a matter exclusively for the legislature to determine, and the propriety of that determination is not open to question in courts. We should add that the petitioners sought to dispute the correctness of the recitals in the Preamble. This they cannot clearly do".
Question - 5 : Article 19(1)(g) : 'Regulation' or 'Restriction' includes Total Prohibition; Partial Restraint is not Total Prohibition Respondents rely on Article 19(1)(g) which deals with the fundamental right to 'practise any profession or to carry on any occupation, trade or business'. This right is subject to Article 19(6) which permits reasonable restrictions to be imposed on it in the interests of the general public.
This raises the question of what is the meaning of the word 'restriction'.
Three propositions are well settled:- (i) 'restriction' includes cases of 'prohibition'; (ii) the standard for judging reasonability of restriction or restriction amounting to prohibition remains the same, excepting that a total prohibition must also satisfy the test that a lesser alternative would be inadequate; and (iii) whether a restriction in effect amounts to a total prohibition is a question of fact which shall have to be determined with regard to the facts and circumstances of each case, the ambit of the right and the effect of the restriction upon the exercise of that right. Reference may be made to Madhya Bharat Cotton Association Ltd. v. Union of India (UOI) and Anr., AIR 1954 SC 634, Krishna Kumar v. Municipal Committee of Bhatapara, (Petition No.660 of 1954 decided on 21st February 1957 by Constitution Bench) (See __ Compilation of Supreme Court Judgments, 1957 Jan-May page 33, available in Supreme Court Judges Library), Narendra Kumar and Ors. v. Union of India (UOI) and Ors., (1960) 2 SCR 375, The State of Maharashtra v. Himmatbhai Narbheram Rao and Ors., (1969) 2 SCR 392, Sushila Saw Mill v. State of Orissa & Ors., (1995) 5 SCC 615, Pratap Pharma (Pvt.) Ltd. & Anr. v. Union of India & Ors., (1997) 5 SCC 87 and Dharam Dutt v. Union of India, (2004) 1 SCC 712.
In Madhya Bharat Cotton Association Ltd. (supra) a large section of traders were completely prohibited from carrying on their normal trade in forward contacts. The restriction was held to be reasonable as cotton, being a commodity essential to the life of the community, and therefore such a total prohibition was held to be permissible. In Himmatbhai Narbheram Rao and Ors. (supra) trade in hides was completely prohibited and the owners of dead animals were required to compulsorily deposit carcasses in an appointed place without selling it. The constitutionality of such prohibition, though depriving the owner of his property, was upheld. The court also held that while striking a balance between rights of individuals and rights of citizenry as a whole the financial loss caused to individuals becomes insignificant if it serves the larger public interest. In Sushila Saw Mill (supra), the impugned enactment imposed a total ban on saw mill business or sawing operations within reserved or protected forests. The ban was held to be justified as it was in public interest to which the individual interest must yield. Similar view is taken in the other cases referred to hereinabove.
In Krishna Kumar (supra), the Constitution Bench held that when the prohibition is only with respect to the exercise of the right referable only in a particular area of activity or relating to a particular matter, there was no total prohibition. In that case, the Constitution Bench was dealing with the case of Adatiyas operating in a market area. A certain field of activity was taken away from them, but they were yet allowed to function as Adatiyas. It was held that this amounts to a restriction on the exercise of writ petitioners' occupation as an Adatiya or a seller of grain but does not amount to a total ban.
In the present case, we find the issue relates to a total prohibition imposed on the slaughter of cow and her progeny. The ban is total with regard to the slaughter of one particular class of cattle. The ban is not on the total activity of butchers (kasais); they are left free to slaughter cattle other than those specified in the Act. It is not that the writ petitioner-respondents survive only by slaughtering cow progeny. They can slaughter animals other than cow progeny and carry on their business activity. In so far as trade in hides, skins and other allied things (which are derived from the body of dead animal) are concerned, it is not necessary that the animal must be slaughtered to avail these things. The animal, whose slaughter has been prohibited, would die a natural death even otherwise and in that case their hides, skins and other parts of body would be available for trade and industrial activity based thereon.
We hold that though it is permissible to place a total ban amounting to prohibition on any profession, occupation, trade or business subject to satisfying the test of being reasonable in the interest of the general public, yet, in the present case banning slaughter of cow progeny is not a prohibition but only a restriction.
Question - 6 : Slaughter of cow progeny, if in public interest
As we have already indicated, the opinion formed by the Constitution Bench of this Court in Quareshi-I is that the restriction amounting to total prohibition on slaughter of bulls and bullocks was unreasonable and was not in public interest. We, therefore, proceed to examine the evidence available on record which would enable us to answer questions with regard to the 'reasonability' of the imposed restriction qua 'public interest'.The facts contained in the Preamble and the Statement of Objects and Reasons in the impugned enactment highlight the following facts:-
(i)it is established that cow and her progeny sustain the health of the nation;
(ii)the working bullocks are indispensable for our agriculture for they supply power more than any other animal (the activities for which the bullocks are usefully employed are also set out);
(iii)the dung of the animal is cheaper than the artificial manures and extremely useful of production of biogas;
(iv)it is established that the backbone of Indian agriculture is the cow and her progeny and they have on their back the whole structure of the Indian agriculture and its economic system;
(v)the economy of the State of Gujarat is still predominantly agricultural. In the agricultural sector use of animals for milch, draught, breeding or agricultural purposes has great importance. Preservation and protection of agricultural animals like bulls and bullocks needs emphasis. With the growing adoption of non-conventional energy sources like biogas plants, even waste material have come to assume considerable value. After the cattle cease to breed or are too old to work, they still continue to give dung for fuel, manure and biogas and, therefore, they cannot be said to be useless. Apart from the fact that we have to assume the above-stated facts as to be correct, there is also voluminous evidence available on record to support the above said facts. We proceed to notice few such documents.Affidavits Shri J.S. Parikh, Deputy Secretary, Agriculture Cooperative and Rural Development, Department, State of Gujarat, filed three affidavits in the High Court of Gujarat in Special Civil Application No. 9991 of 1993. The first affidavit was filed on 20th October, 1993, wherein the following facts are discernible and mentioned as under:
(i)With the improved scientific animal husbandry services in the State, the average longivity of animals has considerably increased. In the year 1960, there were only 456 veterinary dispensaries and first aid veterinary centers etc, whereas in the year 1993, there are 946 veterinary dispensaries and first aid veterinary centers etc. There were no mobile veterinary dispensaries in 1960 while there are 31 mobile veterinary dispensaries in the State in 1993. In addition, there are around 467 centres for intensive cattle development where besides first aid veterinary treatment, other animal husbandry inputs of breeding, food or development etc. are also provided. In the year 1960, five lakh cattles were vaccinated whereas in the year 1992-93 around 200 lakh animals are vaccinated to provide life saving protection against various fatal diseases. There were no cattle food compounding units preparing cattle food in the year 1960, while in the year 1993 there are ten cattle food factory producing 1545 MT of cattle food per day. As a result of improved animal husbandry services, highly contagious and fatal disease of Rinder Pest is controlled in the state and that the deadly disease has not appeared in the last three years.
(ii)Because of various scientific technologies namely, proper cattle feeding, better medical and animal husbandry services, the longevity of the cattle in the State has considerably increased.
(iii)The population of bullock is 27.59 lakhs. Over and above agricultural work, bullocks are useful for other purposes also. They produce dung which is the best organic measure and is cheaper than chemical manure. It is also useful for production of bio-gas.
(iv)It is estimated that daily production of manure by bullocks is about 27,300 tonnes and bio-gas production daily is about 13.60 cubic metres. It is also estimated that the production of bio-gas from bullock dung fulfil the daily requirement of 54.78 lakh persons of the State if whole dung production is utilized. At present, 1,91,467 bio-gas plants are in function in the State and about 3-4 lakhs persons are using bio-gas in the State produced by these plants.
(v)The population of farmers in the State is 31.45 lakhs. Out of which 7.37 lakhs are small farmers, 8 lakhs are marginal farmers, 3.05 lakhs are agricultural labourers and 13.03 lakhs are other farmers. The total land of Gujarat State is 196 lakh hectares and land under cultivation is 104.5 lakh hectares. There are 47,800 tractors by which 19.12 lakh hectares land is cultivated and the remaining 85.38 lakh hectares land is cultivated by using bullocks. It may be mentioned here that all the agricultural operations are not done using tractors. The bullocks are required for some of agricultural operations along with tractors. There are about 7,28,300 bullock carts and there are about 18,35,000 ploughs run by bullocks in the State.
(vi)The figure of slaughter of animals done in 38 recognised slaughter houses are as under:
Year
Bullock/Bull
Buffalo
Sheep
Goat
1990-91
9,558
41,088
1,82,269
2,22,507
1991-92
9,751
41,882
2,11,245
2,20,518
1992-93
8,324
40,034
1,13,868
1,72,791
The above figures show that the slaughter of bullocks above the age of 16 years is done in the State in very small number. The animals other than bullocks are slaughtered in large number. Hence, the ban on the slaughter of cow and cow progeny will not affect the business of meat production significantly. Therefore, the persons engaged in this profession will not be affected adversely.Thereafter two further affidavits were filed by Shri J.S. Parikh, abovesaid, on 17th March, 1998, wherein the following facts are mentioned :
(i)there are about 31.45 lakhs land holders in Gujarat. The detailed classifications of the land holders are as under:-Sl. No.Details of land holdersNo. of land holders1.01 hectare8.00 lakhs2.1-2 hectares7.37 lakhs3.2 and above16.08 lakhs
(ii)almost 50 per cent of the land holdings are less than 2 hectares; tractor keeping is not affordable to small farmers. For economic maintenance of tractors, one should have large holding of land. Such land holders are only around 10 per cent of the total land holders. Hence the farmers with small land holdings require bullocks as motive power for their agricultural operations and transport;
(iii)the total cultivable land area of Gujarat State is about 124 lakh hectares. Considering that a pair of bullocks is required for ploughing 10 acres of land the bullock requirement for ploughing purpose alone is 5.481 million and approximately equal number is required for carting. According to the livestock census 1988 of Gujarat State, the availability of indigenous bullocks is around 2.84 millions. Thus the availability of bullocks as a whole on percentage of requirement works out to be about 25 per cent. In this situation, the State has to preserve each single bull and bullock that is available to it;
(iv)it is estimated that bull or bullock at every stage of life supplies 3,500 kgs of dung and 2,000 litres of urine and whereas this quantity of dung can supply 5,000 cubic feet of biogas, 80 M.T. of organic fertilizer, the urine can supply 2,000 litres of pesticides and the use of these products in farming increases the yield very substantially. The value of above contribution can be placed at Rs.20,000/- per year to the owner;
(v)since production of various agricultural crops removes plant nutrients from the soil, they must be replenished with manures to maintain and improve fertility of soil. There are two types of manures which are (i) Organic manures, i.e. natural manures and (ii) Artificial or chemical fertilizer. Amongst the organic manures, farm yard manures is the most valuable organic manure applied to soil. It is the most commonly used organic manure in India. It consists of a mixture of cattle dung, the bedding used in the stable. Its crop increasing value has been recognized from time immemorial (Ref. Hand Book of Agriculture, 1987 by ICAR page 214);
(vi)the importance of organic manure as a source of humus and plant nutrients to increase the fertility level of soils has been well recognised. The organic matter content of cultivated soils of the tropics and sub-tropics is comparatively low due to high temperature and intense microbial activity. The crops remove annually large quantity of plant nutrients from soil. Moreover, Indian soils are poor in organic matter and in major plant nutrients. Therefore, soil humus has to be replenished through periodic addition of organic manure for maintaining soil productivity;
(vii)animals are the source of free availability of farmyard manure, which has all the three elements, i.e. Nitrogen, Phosphoric acid and Potash, needed in fertilizer and at the same time which preserve and enrich the fertility of the soil. In paucity of dung availability, the farmers have to depend upon chemical fertilizers. Investment in chemical fertilizers imposes heavy burden upon the economy. If there is availability of alternate source of organic manure from animals, it is required to be promoted;
(viii)the recent scenario of ultramodern technology of super ovulation, embryo transfer and cloning technique will be of very much use to propagate further even from the incapable or even old animals which are not capable of working or reproducing. These animals on a large scale can be used for research programmes as well as for production of non-conventional energy sources such as biogas and natural fertilizers. At present, there are 19,362 biogas plants installed in the State during 1995-97. On an average, each adult cattle produces 4.00 kg. of dung per day. Out of the total cattle strength of (1992 Census) 67,85,865, the estimated dung produced is 99,07,363 tonnes;
(ix)India has 74% of rural population, and in Gujarat out of 4.13 crores of human population, there are 1.40 crores of workers which comprises of 47,04,000 farmers and 32,31,000 workers are workers related to livestock and forestry. In Gujarat, there are 9.24 lakhs marginal farmers and 9.15 lakhs of small farmers, according to the 1991-92 census. Animals are reared in few numbers per family and the feed is obtained from the supplementary crop on fodder/agricultural by-products or from grazing in the gaucher land. In Gujarat 8.48 lakh hectares of land is available as permanent pasture and grazing land. An individual cattle-owner does not consider one or two bullocks as an extra burden for his family, even when it is incapable of work or production. Sometimes the unproductive animals are sent to Panjarapoles and Gosadans. In Gujarat, there are 335 Gaushalas and 174 Panjarapoles which are run by non-governmental oranizations and trusts. Formerly farmers mostly kept few animals and, in fact, they are treated as part of their family and maintained till death. It cannot be treated to be a liability upon them or burden on the economy;
(x)butchers are doing their business since generations, but they are not doing only the slaughter of cow class of animals. They slaughter and trade the meat of other animals like buffaloes, sheep, goats, pig and even poultry. In Gujarat there are only 38 registered slaughter houses functioning under various Municipalities/Nagar Panchayats. Beef (meat of cattle) contributes only 1.3% of the total meat groups. Proportion of demand for beef is less in the context of demand for pig, mutton and poultry meat. Slaughtering of bulls and bullocks for the period between 1990-91 and 1993-94 was on an average 9,000;
(xi)number of bullocks have decreased in a decade from 30,70,339 to 28,93,227 as in 1992. A statement showing the amount of dung production for the year 1983-84 to 1996-97 and a statement showing the nature of economy of the State of Gujarat is annexed. The number of bullocks slaughtered per day is negligible compared to other animals, and the business and/or trade of slaughtering bullocks would not affect the business of butchers. By prohibiting slaughter of bullocks the economy is likely to be benefited.
The three affidavits are supported by documents, statements or tables setting out statistics which we have no reason to disbelieve. Neither the High Court has expressed any doubt on the contents of the affidavit nor has the veracity of the affidavits and correctness of the facts stated therein been challenged by the learned counsel for the respondents before us. In this Court Shri D.P. Amin, Joint Director of Animal Husbandry, Gujarat State, has filed an affidavit. The salient facts stated therein are set out hereunder:
(i)The details of various categories of animals slaughtered since 1997-1998 shows that slaughter of various categories of animals in regulated slaughter houses of Gujarat State has shown a tremendous decline. During the year way back in 1982-83 to 1996-97 the average number of animals slaughtered in regulated slaughter houses was 4,39,141. As against that (previous figure) average numberof slaughter of animals in recent 8 years i.e. from 1997-98 to 2004-05 has come down to only 2,88,084. This clearly indicates that there has been a vast change in the meat eating style of people of Gujarat State. It is because of the awareness created among the public due to the threats of dangerous diseases like Bovine Spongiform Encephalopathy commonly known as "Mad Cow disease" B.S.E. which is a fatal disease of cattle meat origin not reported in India. Even at global level people have stopped eating the beef which is known as meat of cattle class animals. This has even affected the trade of meat particularly beef in the America & European countries since last 15 years. Therefore, there is international ban on export-import of beef from England, America & European countries;
(ii)there is reduction in slaughter of bulls & bullocks above the age of 16 years reported in the regulated slaughter houses of Gujarat State. As reported in the years from 1982-83 to 1996-97, the slaughter of bulls & bullocks above the age of 16 years was only 2.48% of the total animals of different categories slaughtered in the State. This percentage has gone down to the level of only 1.10% during last 8 years i.e. 1997-98 to 2004-05 which is very less significant to cause or affect the business of butcher communities;
(iii)India is predominantly agrarian society with nearly >th of her population living in seven lakh rural hamlets and villages, possesses small fragmentary holding (54.6% below 1 hectare 18% with 1-2 hectares). Draft/pack animal contributes more than 5 crores horse power (H.P.) or 33,000 megawatt electric power and shares for/in 68% of agricultural operations, transport & other draft operations. In addition to draft power, 100 million tonnes dung per year improves the soil health and also used as raw material for biogas plant;
(iv)the cattle population in Gujarat in relation to human population has declined from 315 per 1000 humans in 1961 to 146 per 1,000 humans in 2001 indicating decline in real terms;
(v)in Gujarat 3.28 million draft animal (bullocks 85%) have multifaceted utilities viz. agricultural operations like ploughing, sowing, hoeing, planking, carting, hauling, water lifting, grinding, etc.;
Gujarat State has a very rich cattle population of Kankrej & Gir breed, of which Kankrej bullocks are very well known for its draft power called "Savai Chal";
(vi)considering the utility of aged bullocks above 16 years as draft power a detailed combined study was carried out by Department of Animal Husbandry and Gujarat Agricultural University (Veterinary Colleges S.K. Nagar & Anand). The experiments were carried out within the age group of 16 to 25 years. The study covered different age groups of 156 (78 pairs) bullocks above the age of 16 years. The aged bullocks i.e. above 16 years age generated 0.68 horse power draft output per bullock while the prime bullock generated 0.83 horse power per bullock during carting/hauling draft work in a summer with about more than 42?C temp. The study proves that 93% of aged bullock above 16 years of age are still useful to farmers to perform light & medium draft works. The detailed report is on record;
(vii)by the end of year 2004-05 under the Dept. of Animal Husbandry, there are 14 Veterinary Polyclinics, 515 Vety. Dispensaries, 552 First Aid Vety. Centres and 795 Intensive Cattle Development Project Sub Centers. In all, 1876 institutions were made functional to cater various health care activities to livestock population of State of Gujarat. About two crores of livestock and poultry were vaccinated against various diseases. As a result, the total reported out break of infectious diseases was brought down to around 106 as against 222 in 1992-1993. This shows that State has created a healthy livestock and specifically the longevity of animals has been increased. This has also resulted into the increased milk production of the state, draft power and source of non-conventional energy in terms of increased quantity of dung and urine;
(viii)the value of dung is much more than even the famous "Kohinoor" diamond. An old bullock gives 5 tonnes of dung and 343 pounds of urine in a year which can help in the manufacture of 20 carts load of composed manure. This would be sufficient for manure need of 4 acres of land for crop production. The right to life is a fundamental right and it can be basically protected only with proper food and feeding and cheap and nutritious food grains required for feeding can be grown with the help of dung. Thus the most fundamental thing to the fundamental right of living for the human being is bovine dung. (Ref. Report of National Commission on Cattle, Vol.III, Page 1063-1064);
(ix)the dung cake as well as meat of bullock are both commercial commodities. If one bullock is slaughtered for its meat (Slaughtering activity) can sustain the butchers trade for only a day. For the next day's trade another bullock is to be slaughtered. But if the bullock is not slaughtered, about 5000-6000 dung cakes can be made out of its dung per year, and by the sale of such dung cake one person can be sustained for the whole year. If a bullock survives even for five years after becoming otherwise useless it can provide employment to a person for five years whereas to a butcher, bullock can provide employment only for a day or two.
(x)Even utility of urine has a great role in the field of pharmaceuticals as well as in the manufacturing of pesticides. The Goseva Ayog, Govt. of Gujarat had commissioned study for "Testing insecticides properties of cow urine against various insect pests". The study was carried out by Dr. G.M. Patel, Principal Investigator, Department of Entomology, C.P. College of Agriculture, S.D. Agricultural University, Sardar Krishi Nagar, Gujarat. The study has established that insecticides formulations prepared using cow urine emerged as the most reliable treatment for their effectiveness against sucking pest of cotton. The conclusion of study is dung & urine of even aged bullocks are also useful and have proved major effect of role in the Indianeconomy;
(xi) it is stated that availability of fodder is not a problem in the State or anywhere. During drought period deficit is compensated by grass-bank, silo and purchase of fodder from other States as last resources. The sugarcane tops, leaves of banana, baggase, wheat bhoosa and industrial byproducts etc. are available in plenty. A copy of the letter dated 8.3.2004 indicting sufficient fodder for the year 2004, addressed to Deputy Commissioner, Animal Husbandry Government of India is annexed.Report on draughtability of bullocks above 16 years of age On 20th June, 2001 the State of Gujarat filed I.A. No. 2/2001 in Civil Appeal Nos. 4937-4940 of 1998, duly supported by an affidavit sworn by Shri D.U. Parmar, Deputy Secretary (Animal Husbandry) Agriculture and Cooperation Department, Government of Gujarat, annexing therewith a report on draughtability of aged bullocks above 16 years of age under field conditions. The study was conducted by the Gujarat Agricultural University Veterinary College, Anand and the Department of Animal Husbandry, Gujarat State, Ahmedabad. The study was planned with two objectives: (i) To study the draughtability and utility of aged bullocks above 16 years of age; and(ii)To compare the draughtability of aged bullocks with bullocks of prime age.
Empirical research was carried out under field conditions in North Gujarat Region (described as Zone-I) and Saurashtra region (described as Zone-II). The average age of aged bullocks under the study was 18.75 years. The number of bullocks/pair used under the study were sufficient to draw sound conclusions from the study. The gist of the findings arrived at, is summed up as under:
1.Farmer's persuasion
The aged bullocks were utilized for different purposes like agricultural operations (ploughing, planking, harrowing, hoeing, threshing) and transport-hauling of agricultural produce, feeds and fodders of animals, drinking water, construction materials (bricks, stones, sand grits etc.) and for sugarcane crushing/ khandsari making. On an average the bullocks were yoked for 3 to 6 hours per working day and 100 to 150 working days per year. Under Indian conditions the reported values for working days per year ranges from 50 to 100 bullock paired days by small, medium and large farmers. Thus, the agricultural operations-draft output are still being taken up from the aged bullocks by the farmers. The farmers feed concentrates, green fodders and dry fodders to these aged bullocks and maintain the health of these animals considering them an important segment of their families. Farmers love their bullocks.
2.Age, body measurement and body weightThe biometric and body weight of aged bullocks were within the normal range.
3.Horsepower generation/Work output
The aged bullocks on an average generated 0.68 hp/bullock, i.e.18.1% less than the prime/young bullocks (0.83 hp/bullock). The aged bullocks walked comfortably with an average stride length of 1.43 meter and at the average speed of 4.49 km/hr. showing little less than young bullocks. However, these values were normal for the aged bullocks performing light/medium work of carting. These values were slightly lower than those observed in case of prime or young bullocks. This clearly indicates that the aged bullocks above 16 years of age proved their work efficiency for both light as well as medium work in spite of the age bar. In addition to this, the experiment was conducted during the months of May-June, 2000 a stressful summer season. Therefore, these bullocks could definitely generate more work output during winter, being a comfortable season. The aged bullock above 16 years of age performed satisfactorily and disproved that they are unfit for any type of draft output i.e. either agricultural operations, carting or other works.
4. Physiological responses and haemoglobin concentration
These aged bullocks are fit to work for 6 hours (morning 3 hours + afternoon 3 hrs.) per day. Average Hb content (g%) at the start of work was observed to be 10.72 g% and after 3 hours of work 11.14g%, indicating the healthy state of bullocks. The increment in the haemoglobin content after 3 to 4 hours of work was also within the normal range and in accordance with prime bullocks under study as well as the reported values for working bullocks.
5. Distress symptoms In the initial one hour of work, 6 bullocks (3.8%) showed panting, while 32.7% after one hour of work. After 2 hour of work, 28.2% of bullocks exhibited salivation. Only 6.4% of the bullocks sat down/lied down and were reluctant to work after completing 2 hours of the work. The results are indicative of the fact that majority of the aged bullocks (93%) worked normally. Summer being a stressful season, the aged bullocks exhibited distress symptoms earlier than the prime/young bullocks. However, they maintained their physiological responses within normal range and generated satisfactory draft power. The study report submitted its conclusions as under:
"1.The aged bullocks above 16 years of age generated 0.68 horse power draft output per bullock while the prime bullocks generated 0.83 horsepower per bullock during carting-hauling draft work.
2.The aged bullocks worked satisfactorily for the light work for ontinuous 4 hours during morning session and total 6 hours per day (morning 3 hours and afternoon 3 hours) for medium work.
3.The physiological responses (Rectal temperature, Respiration rate and Pulse rate) and haemoglobin of aged bullocks were within the normal range and also maintained the incremental range during work. However, they exhibited the distress symptoms earlier as compared to prime bullocks.
4.Seven percent aged bullocks under study were reluctant to work and/or lied down after 2 hours of work.
5.The aged bullocks were utilized by the farmers to perform agricultural operations (ploughing, sowing, harrowing, planking, threshing), transport-hauling of agricultural product, feeds and fodders, construction materials and drinking water.
Finally, it proves that majority (93%) of the aged bullocks above 16 years of age are still useful to farmers to perform light and medium draft works."
With the report, the study group annexed album/photographs and cassettes prepared while carrying out the study. Several tables and statements setting out relevant statistics formed part of the report. A list of 16 authentic references originating from eminent authors on the subject under study which were referred to by the study group was appended to the repor
This application (I.A. No. 2/2001) was allowed and the affidavit taken on record vide order dated 20.8.2001 passed by this Court. No response has been filed by any of the respondents controverting the facts stated in the affidavit and the accompanying report. We have no reason to doubt the correctness of the facts stated therein; more so, when it is supported by the affidavit of a responsible officer of the State Government.Tenth Five Year Plan (2002-2007) Documents
In the report of the Working Group on Animal Husbandry and Dairy Farming, the Tenth Five Year Plan (2002-2007) dealing with 'the draught breed relevance and improvement', published by the Government of India, Planning Commission in January, 2001, facts are stated in great detail pointing out the relevance of draught breeds and setting out options for improvement from the point of view of the Indian Economy. We extract and reproduce a few of the facts therefrom:"3.6.12 Relevance of draught breeds and options for improvement
3.6.12.1In India 83.4 million holdings (78%) are less than 2 ha. where tractors and tillers are uneconomical and the use of animal power becomes inevitable since tractors and tillers are viable only for holdings above 5 ha.. In slushy and water logged fields tractor tiller is not suitable. In narrow terraced fields and hilly regions tractors cannot function. Animal drawn vehicle are suitable for rural areas under certain circumstances/conditions viz., uneven terrain, small loads (less than 3 tons), short distances and where time of loading and unloading is more than travel time or time is not a critical factor and number of collection points/distribution points are large as in case of milk, vegetable, water, oil, etc. In India the energy for ploughing two-thirds of the cultivated area comes from animal power and animal drawn vehicles haul two-thirds of rural transport.
3.6.12.2The role of cattle as the main source of motive power for agriculture and certain allied operations would continue to remain as important as meeting the requirement of milk in the country. It has been estimated that about 80 million bullocks will be needed. There is, therefore, a need for improving the working efficiency of the bullocks through improved breeding and feeding practices.
3.6.13Development of Draught Breeds Focused attention to draft breed will not be possible unless a new scheme is formulated for this purpose
3.6.13.2In tracts where there are specialized draught breeds of cattle like Nagori in Rajasthan, Amritmahal and Hallikar in Karnataka, Khillar in Maharashtra etc., selection for improvement in draughtability should be undertaken on a large scale as the cattle breeders in these areas derive a large income by sale of good quality bullocks. Planned efforts should be made for improving the draught capacity and promoting greater uniformity in the type of the cattle population in the breeding tracts. There is need to intensify investigations to develop yardsticks for objective assessment of draught capacity of bullocks.
3.6.14Supplementation of fund-flow for cattle and Buffalo development.
3.6.14.2A number of organizations like NABARD, NDDB, NCDC etc. are also likely to be interested in funding activities relating to cattle and buffalo development in the form of term as loan provided timely return is ensured. Time has now come for exploring such avenues seriously at least on pilot basis in selected areas, where better prospects of recovery of cost of breeding inputs and services exists."
Recognising the fact that the cow and its progeny has a significant role to play in the agricultural and rural economy of the country, the Government felt that it was necessary to formulate measures for their development in all possible ways.
In view of the persistent demands for action to be taken to prevent their slaughter, the Government also felt and expressed the need to review the relevant laws of the land relating to protection, preservation, development and well-being of cattle and to take measures to secure the cattle wealth of India.Yet another document to which we are inclined to make a reference is Mid-Term Appraisal of 10th Five Year Plan (2002-2007) released in June, 2005 by the Government of India (Planning Commission). Vide para 5.80 the report recommends that efforts should be made to increase the growth of bio-pesticides production from 2.5 to 5 per cent over the next five years.
According to the report, Organic farming is a way of farming which excludes the use of chemical fertilizers, insecticides, etc. and is primarily based on the principles of use of natural organic inputs and biological plant protection measures.
Properly managed organic farming reduces or eliminates water pollution and helps conserve water and soil on the farm and thereby enhances sustainability and agro-biodiversity.
Organic farming has become popular in many western countries. There are two major driving forces behind this phenomenon; growing global market for organic agricultural produce due to increased health consciousness; and the premium price of organic produce fetched by the producers.
India has a comparative advantage over many other countries.The Appraisal Report acknowledged the commencement of the biogas programme in India since 1981-82. Some 35,24,000 household plants have been installed against an assessed potential of 120,00,000 units.
Biogas has traditionally been produced in India from cow dung (gobar gas). However, dung is not adequately and equitably available in villages. Technologies have now been developed for using tree-based organic substrates such as leaf litter, seed starch, seed cakes, vegetable wastes, kitchen wastes etc. for production of biogas. Besides cooking, biogas can also be used to produce electricity in dual fired diesel engines or inhundred per cent gas engines. Ministry of Non-conventional Energy Sources (MNES) is taking initiatives to integrate biogas programme in its Village Energy Security Program (VESP).
Production of pesticides and biogas depend on the availability of cow-dung.National Commission on Cattle Vide its Resolution dated 2nd August, 2001, the Government of India established a National Commission on Cattle, comprising of 17 members. The Commission was given the follow terms of reference:-
a.To review the relevant laws of the land(Centre as well as States) which relate to protection, preservation, development and well being of cow and its progeny and suggest measures for their effective implementation,
b.To study the existing provisions for the maintenance of Goshalas, Gosadans, Pinjarapoles and other organisations working for protection and development of cattle and suggest measures for making them economically viable,
c.To study the contribution of cattle towards the Indian economy and to suggest ways and means of organising scientific research for maximum utilisation of cattle products and draught animal power in the field of nutrition and health, agriculture and energy, and to submit a comprehensive scheme in this regard to the Central Government,
d.To review and suggest measures to improve the availability of feed and fodder to support the cattle population.
The Committee after extensive research has given a list of recommendations. A few of them relevant in the present case are:-
" 1.The Prohibition for slaughter of cow and its progeny, which would include bull, bullocks, etc., should be included in Fundamental Rights or as a Constitutional Mandate anywhere else, as an Article of Constitution. It should not be kept only in the Directive Principles or/Fundamental duties as neither of these are enforceable by the courts.
2. The amendment of the Constitution should also be made for empowering the Parliament to make a Central Law for the prohibition of slaughter of cow and its progeny and further for prohibition of their transport from one State to another.
3. The Parliament should then make a Central law, applicable to all States, prohibiting slaughter of cow and its progeny. Violation of the Law should be made a non-bailable and cognizable offence. Xxx xx14. Theuse and production of chemical fertilizers and chemical pesticides should be discouraged, subsidies on these items should be reduced or abolished altogether. The use of organic manure should be subsidized and promoted."Thus the Commission is of the view that there should be a complete prohibition on slaughter of cow progeny. Importance of Bovine Dung
The Report of the National Commission on Cattle, ibid, refers to an authority namely, Shri Vasu in several sub-paragraphs of para 12. Shri Vasu has highlighted the unique and essential role of bovine and bovine dung in our economy and has pleaded that slaughter of our precious animals should be stopped. He has in extenso dealt with several uses of dung and its significance from the point of view of Indian society. Dung is a cheap and harmless fertilizer in absence whereof the farmers are forced to use costly and harmful chemical fertilizers. Dung also has medicinal value in Ayurved, the Indian system of medicines.
Continuing Utility of Cattle : Even if the utility argument of the Quareshi's judgment is accepted, it cannot be accepted that bulls and bullocks become useless after the age of 16. It has to be said that bulls and bullocks are not useless to the society because till the end of their lives they yield excreta in the form of urine and dung which are both extremely useful for production of bio-gas and manure. Even after their death, they supply hide and other accessories. Therefore, to call them 'useless' is totally devoid of reality. If the expenditure on their maintenance is compared to the return which they give, at the most, it can be said that they become 'less useful'.(Report of the National Commission on Cattle, July 2002, Volume I, p. 279.) The Report of the National Commission on Cattle has analyzed the economic viability of cows after they stopped yielding milk and it also came to the conclusion that it shall not be correct to call such cows 'useless cattle' as they still continue to have a great deal of utility. Similar is the case with other cattle as well.
"37. Economic aspects:
37.1 The cows are slaughtered in India because the owner of the cow finds it difficult to maintain her after she stops yielding milk. This is because it is generally believed that milk is the only commodity obtained from cows, which is useful and can be sold in exchange of cash. This notion is totally wrong. Cow yields products other than milk, which are valuable and saleable. Thus the dung as well as the urine of cow can be put to use by owner himself or sold to persons or organizations to process them. The Commission noticed that there are a good number of organizations (goshalas) which keep the cows rescued while being carried to slaughter houses. Very few of such cows are milk yielding. Such organizations use the urine and dung produced by these cows to prepare Vermi-compost or any other form of bio manure and urine for preparing pest repellents. The money collected by the sale of such products is normally sufficient to allow maintenance of the cows. In some cases, the urine and dung is used to prepare the medical formulations also. The organizations, which are engaged in such activities, are making profits also.
37.2 Commission examined the balance sheet of some such organizations. The expenditure and income of one such organization is displayed here. In order to make accounts simple the amounts are calculated as average per cow per day.
It is obvious that expenditure per cow is Rs. 15-25 cow/day.While the income from sale is Rs. 25-35 cow-day.
37.3 These averages make it clear that the belief that cows which do not yield milk are unprofitable and burden for the owner is totally false. In fact it can be said that products of cow are sufficient to maintain them even without milk. The milk in such cases is only a byproduct.
37.4 It is obvious that all cow owners do not engage in productions of fertilizers or insect repellents. It can also be understood that such activity may not be feasible for owners of a single or a few cows. In such cases, the cow's urine and dung may be supplied to such organizations, which utilize these materials for producing finished products required for agricultural or medicinal purpose. Commission has noticed that some organizations which are engaged in production of agricultural and medical products from cow dung and urine do purchase raw materials from nearby cow owner at a price which is sufficient to maintain the cow." (Report of National Commission on Cattle, July 2002, Vol. II, pp.68-69)
A host of other documents have been filed originating from different sources such as Governmental or Semi-governmental, NGOs, individuals or group of individuals, who have carried out researches and concluded that world-over there is an awareness in favour of organic farming for which cattle are indispensable. However, we do not propose to refer to these documents as it would only add to the length of the judgment. We have, apart from the affidavits, mainly referred to the reports published by the Government of India, whose veracity cannot be doubted.
We do not find any material brought on record on behalf of the respondents which could rebut, much less successfully, the correctness of the deductions flowing from the documented facts and statistics stated hereinabove.
The utility of cow cannot be doubted at all. A total ban on cow slaughter has been upheld even in Quareshi-I. The controversy in the present case is confined to cow progeny. The important role that cow and her progeny play in the Indian Economy was acknowledged in Quareshi-I in the following words:
"The discussion in the foregoing paragraphs clearly establishes the usefulness of the cow and her progeny. They sustain the health of the nation by giving them the life giving milk which is so essential an item in a scientifically balanced diet. The working bullocks are indispensable for our agriculture, for they supply power more than any other animal. Good breeding bulls are necessary to improve the breed so that the quality and stamina of the future cows and working bullocks may increase and the production of food and milk may improve and be in abundance. The dung of the animal is cheaper than the artificial manures and is extremely useful. In short, the back bone of Indian agriculture is in a manner of speaking the cow and her progeny. Indeed Lord Linlithgow has truly said "The cow and the working bullock have on their patient back the whole structure of Indian agriculture." (Report on the Marketing of Cattle in India, p. 20). If, therefore, we are to attain sufficiency in the production of food, if we are to maintain the nation's health, the efficiency and breed of our cattle population must be considerably improved. To attain the above objectives, we must devote greater attention to the preservation, protection and improvement of the stock and organise our agriculture and animal husbandry on modern and scientific lines."
On the basis of the available material, we are fully satisfied to hold that the ban on slaughter of cow progeny as imposed by the impugned enactment is in the interests of the general public within the meaning of clause (6) of Article 19 of the Constitution.Part - IIIStare Decisis
We have dealt with all the submissions and counter submissions made on behalf of the parties. What remains to be dealt with is the plea, forcefully urged, on behalf of the respondents that this Court should have regard to the principle of stare decisis and should not upturn the view taken in Quareshi-I which has held field ever since 1958 and has been followed in subsequent decisions, which we have already dealt with hereinabove.
Stare decisis is a Latin phrase which means "to stand by decided cases; to uphold precedents; to maintain former adjudication". This principle is expressed in the maxim "stare decisis et non quieta movere" which means to stand by decisions and not to disturb what is settled. This was aptly put by Lord Coke in his classic English version as "Those things which have been so often adjudged ought to rest in peace". However, according to Justice Frankfurter, the doctrine of stare decisis is not "an imprisonment of reason" (Advanced Law Lexicon, P. Ramanatha Aiyer, 3rd Edition 2005, Volume 4, p. 4456). The underlying logic of the doctrine is to maintain consistency and avoid uncertainty. The guiding philosophy is that a view which has held the field for a long time should not be disturbed only because another view is possible.
The trend of judicial opinion, in our view, is that stare decisis is not a dogmatic rule allergic to logic and reason; it is a flexible principle of law operating in the province of precedents providing room to collaborate with the demands of changing times dictated by social needs, State policy and judicial conscience.
According to Professor Lloyd concepts are good servants but bad masters. Rules, which are originally designed to fit social needs, develop into concepts, which then proceed to take on a life of their own to the detriment of legal development. The resulting "jurisprudence of concepts" produces a slot-machine approach to law whereby new points posing questions of social policy are decided, not by reference to the underlying social situation, but by reference to the meaning and definition of the legal concepts involved. This formalistic a priori approach confines the law in a strait-jacket instead of permitting it to expand to meet the new needs and requirements of changing society (Salmond on Jurisprudence, Twelfth Edition, at p.187). In such cases Courts should examine not only the existing laws and legal concepts, but also the broader underlying issues of policy. In fact presently, judges are seen to be paying increasing attention to the possible effects of their decision one way or the other. Such an approach is to be welcomed, but it also warrants two comments. First, judicial inquiry into the general effects of a proposed decision tends itself to be of a fairly speculative nature. Secondly, too much regard for policy and too little for legal consistency may result in a confusing and illogical complex of contrary decisions. In such a situation it would be difficult to identify and respond to generalized and determinable social needs. While it is true that "the life of the law has not been logic, it has been experience" and that we should not wish it otherwise, nevertheless we should remember that "no system of law can be workable if it has not got logic at the root of it" (Salmond, ibid, pp.187-188).
Consequently, cases involving novel points of law, have to be decided by reference to several factors. The judge must look at existing laws, the practical social results of any decision he makes, and the requirements of fairness and justice. Sometimes these will all point to the same conclusion. At other times each will pull in a different direction; and here the judge is required to weigh one factor against another and decide between them. The rationality of the judicial process in such cases consists of explicitly and consciously weighing the pros and cons in order to arrive at a conclusion. (Salmond, ibid, pp. 188).
In case of modern economic issues which are posed for resolution in advancing society or developing country, the court cannot afford to be static by simplistically taking shelter behind principles such as stare decisis, and refuse to examine the issues in the light of present facts and circumstances and thereby adopt the course of judicial "hands off". Novelty unsettles existing attitudes and arrangements leading to conflict situations which require judicial resolution. If necessary adjustments in social controls are not put in place then it could result in the collapse of social systems. Such novelty and consequent conflict resolution and "patterning" is necessary for full human development. (See - The Province and Function of Law, Julius Stone, at pp.588, 761and 762)
Stare decisis is not an inexorable command of the Constitution or jurisprudence. A careful study of our legal system will discern that any deviation from the straight path of stare decisis in our past history has occurred for articulable reasons, and only when the Supreme Court has felt obliged to bring its opinions in line with new ascertained fact, circumstances and experiences. (Precedent in Indian Law, A. Laxminath, Second Edition 2005, p. 8).
Given the progressive orientation of the Supreme Court, its creative role under Article 141 and the creative elements implicit in the very process of determining ratio decidendi, it is not surprising that judicial process has not been crippled in the discharge of its duty to keep the law abreast of the times, by the traditionalist theory of stare decisis (ibid, p. 32). Times and conditions change with changing society, and, "every age should be mistress of its own law" and era should not be hampered by outdated law. "It is revolting", wrote Mr. Justice Holmes in characteristically forthright language, "to have no better reason for a rule of law than it was so laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past". It is the readiness of the judges to discard that which does not serve the public, which has contributed to the growth and development of law. (ibid, p. 68)The doctrine of stare decisis is generally to be adhered to, because well settled principles of law founded on a series of authoritative pronouncements ought to be followed. Yet, the demands of the changed facts and circumstances dictated by forceful factors supported by logic, amply justify the need for a fresh look.
Sir John Salmond, while dealing with precedents and illustrating instances of departure by the House of Lords from its own previous decisions, states it to be desirable as 'it would permit the House (of Lords) to abrogate previous decisions which were arrived at in different social conditions and which are no longer adequate in present circumstances. (See Salmond, ibid, at p.165). This view has been succinctly advocated by Dr. Goodhart who said: "There is an obvious antithesis between rigidity and growth, and if all the emphasis is placed on absolutely binding cases then the law looses the capacity to adapt itself to the changing spirit of the times which has been described as the life of the law". (ibid, p.161) This very principle has been well stated by William O' Douglas in the context of constitutional jurisprudence. He says: "So far as constitutional law is concerned, stare decisis must give way before the dynamic component of history. Once it does, the cycle starts again". (See Essays on Jurisprudence from the Columbia Law Review, 1964, at p.20)
We have already indicated that in Quareshi-I, the challenge to the constitutional validity of the legislation impugned therein, was turned down on several grounds though forcefully urged, excepting for one ground of 'reasonableness'; which is no longer the position in the case before us in the altered factual situation and circumstances. In Quareshi-I the reasonableness of the restriction pitted against the fundamental right to carry on any occupation, trade or business determined the final decision, having been influenced mainly by considerations of weighing the comparative inconvenience to the butchers and the advancement of public interest. As the detailed discussion contained in the judgment reveals, this determination is not purely one of law, rather, it is a mixed finding of fact and law. Once the strength of the factual component is shaken, the legal component of the finding in Quareshi-I loses much of its significance. Subsequent decisions have merely followed Quareshi-I. In the case before us, we have material in abundance justifying the need to alter the flowof judicial opinion.Part - IVQuareshi-I, re-visited :
Having dealt with each of the findings recorded in Quareshi-I, which formed the basis of the ultimate decision therein, we revert to examine whether the view taken by the Constitution Bench in Quareshi-I can be upheld.
We have already pointed out that having tested the various submissions made on behalf of the writ petitioners on the constitutional anvil, the Constitution Bench in Quareshi-I upheld the constitutional validity, as reasonable and valid, of a total ban on the slaughter of : (i) cows of all ages, (ii) calves of cows and she-buffaloes, male or female, and (iii) she-buffaloes or breeding bulls or working bullocks (cattle as well as buffaloes) as long as they are as milch or draught cattle. But the Constitution Bench found it difficult to uphold a total ban on the slaughter of she-buffaloes, bulls or bullocks (cattle or buffalo) after they cease to be capable of yielding milk or of breeding or working as draught animals, on the material made available to them, the ban failed to satisfy the test of being reasonable and "in the interests of the general public". It is clear that, in the opinion of the Constitution Bench, the test provided by clause
(6) of Article 19 of the Constitution was not satisfied. The findings on which the above-said conclusion is based are to be found summarized on pp.684-687. Para-phrased, the findings are as follows:
(1)The country is in short supply of milch cattle, breeding bulls and working bullocks, essential to maintain the health and nourishment of the nation. The cattle population fit for breeding and work must be properly fed by making available to the useful cattle in presenti in futuro. The maintenance of useless cattle involves a wasteful drain on the nation's cattle feed.
(2) Total ban on the slaughter of cattle would bring a serious dislocation, though not a complete stoppage, of the business of a considerable section of the people who are by occupation Butchers (Kasai), hide merchant and so on.
(3)Such a ban will deprive a large section of the people of what may be their staple food or protein diet.
(4)Preservation of useful cattle by establishment of gosadan is not a practical proposition, as they are like concentration camps where cattle are left to die a slow death.
(5)The breeding bulls and working bullocks (cattle and buffaloes) do not require as much protection as cows and calves do.
These findings were recorded in the judgment delivered on 23rd April, 1958. Independent India, having got rid of the shackles of foreign rule, was not even 11 years old then. Since then, the Indian economy has made much headway and gained a foothold internationally. Constitutional jurisprudence has indeed changed from what it was in 1958, as pointed out earlier. Our socio-economic scenario has progressed from being gloomy to a shining one, full of hopes and expectations and determinations for present and future. Our economy is steadilymoving towards prosperity in a planned way through five year plans, nine of which have been accomplished and tenth is under way. We deal with the findings in Quareshi-I seriatim.
Finding 1 : We do not dispute that the country is in short supply of milch cattle, breeding bulls and working bullocks and that they are essential to maintain the health and nourishment of the nation as held in Quareshi-I. Rather we rely on the said finding which stands reinforced by the several documents which we have referred to hereinbefore.
In the Quareshi-I era, there was a shortage of fodder in the country. Various plans were drawn up in the direction of exploring potential fodder areas for the future. Although, the planning was there; implementation was lacking. The Report of National Commission on Cattle, July 2002 (Vol. II) reveals that the existing fodder resources of the country can sustain and meet 51.92% of the total requirements to sustain its livestock population. But we have to take into consideration the fodder potential of the country. We have vast culturable waste land which with some efforts can be developed into good pasture land. Major part of the fallow land can be put under the plough for having fodder crops such as Jowar, Bajra and smaller millets. The combined area of several categories of land which can be developed as potential fodder area is 58.87 million hectares. If managed properly, there are areas in the country which can be developed into a "Grass Reservoir of India for use as pasture land". One very big potential area lies in Jaisaelmer District of Rajasthan (spread over 22,16,527 hectares). The Commission has recommended 23 steps to be taken by the State Government and the Central Government for development and conservation of food and fodder (See paras 37-41 of the report at pages 130-135).
So far as the State of Gujarat is concerned, we have already noticed, while dealing with the documentary evidence available on record, that fodder shortage is not a problem so far as this state is concerned and cow progeny, the slaughtering whereof has already shown a downward trend during the recent years, can very well be fed and maintained without causing any wasteful drain on the feed requisite for active milch, breeding and draught cattle.
Finding 2 :The finding suffers from two infirmities. First, Quareshi-I has not felt the necessity of finding whether a 'total prohibition' is also included within 'restriction' as employed in Article 19(6). It is now well-settled that 'restriction' includes 'prohibition'. Second and the real fallacy in Quareshi-I is that the ban limited to slaughtering of cow progeny has been held at one place to be a 'total prohibition', while in our opinion, is not so. At another place, the effect of ban has been described as causing 'a serious dislocation, though not a complete stoppage of the business of a considerable section of the people'. If that is so, it is not a 'total prohibition'. The documentary evidence available on record shows that beef contributes only 1.3% of the total meat consumption pattern of the Indian society. Butchers are not prohibited from slaughtering animals other than the cattle belonging to cow progeny. Consequently, only a part of their activity has been prohibited. They can continue with their activity of slaughtering other animals. Even if it results in slight inconvenience, it is liable to be ignored if the prohibition is found to be in the interest of economy and social needs of the country.
Finding 3 :In the first and second Five Year Plans (Quareshi-I era), there was scarcity of food which reflected India's panic. The concept of food security has since then undergone considerable change.47 years since, it is futile to think that meat originating from cow progeny can be the only staple food or protein diet for the poor population of the country. 'India Vision 2020' (ibid, Chapter 3) deals with 'Food Security and Nutrition : Vision 2020'.
We cull out a few relevant findings and observations therefrom and set out in brief in the succeeding paragraphs. Food availability and stability were considered good measures of food security till the Seventies and the achievement of self-sufficiency was accorded high priority in the food policies. Though India was successful in achieving self-sufficiency by increasing its food production, it could not solve the problem of chronic household food insecurity. This necessitated a change in approach and as a result food energy intake at household level is now given prominence in assessing food security. India is one of the few countries which have experimented with a broad spectrum of programmes for improving food security. It has already made substantial progress in terms of overcoming transient food insecurity by giving priority to self-sufficiency in foodgrains, employment programmes, etc. The real problem, facing India, is not the availability of food, staple food and protein rich diet; the real problem is its unequal distribution. The real challenge comes from the slow growth of purchasing power of the people and lack of adequate employment opportunities. Another reason for lack of food and nutrient intake through cereal consumption is attributable to changes in consumer tastes and preferences towards superior food items as the incomes of the household increases. Empirical evidence tends to suggest a positive association between the calorie intake and nutritional status. The responsiveness is likely to be affected by the factors relating to health and environment. It is unclear as to how much of the malnutrition is due to an inadequate diet and how much due to the environment. India achieved near self-sufficiency in the availability of foodgrains by the mid-Seventies. The trend rate of foodgrain production improved 2.3 per cent during the 1960s and 1970s to 2.9 per cent in the Eighties. The recent economic survey of 2005 has also pointed out that the per capita availability of the milk has doubled since independence from 124 gms/day in the year 1950-51 to 229 gms/day in the year 2001-02. (Report of National Commission on Cattle. Vol. II, p. 84.)
A complete reading of the research paper on Food Security and Nutrition (Chapter 3 in India Vision 2020) is a clear pointer to the fact that desirable diet and nutrition are not necessarily associated with non-vegetarian diet and that too originating from slaughtering cow progeny. Beef contributes only 1.3% of the total meat consumption pattern of the Indian society.
Consequently a prohibition on the slaughter of cattle would not substantially affect the food consumption of the people. To quote (ibid. p.209) : "Even though the question of desirable diet from nutritional perspective is still controversial, we can make certain policy options to overcome the nutritional deficiencies. The most important problem to be attended is to increase the energy intake of the bottom 30 per cent of the expenditure class. The deficiency of energy intake of the bottom 30 per cent can be rectified by increasing agricultural productivity in rain fed areas, making available food at an affordable price through the Public distribution system (PDS), and other poverty alleviation programmes. The micro-nutrient deficiency can be cost-effectively rectified by supplementary nutritional programmes to the children and the expectant and lactating mothers."
The main source of staple food which is consumed both by vegetarians and non-vegetarians is supplied by vegetables. Synthetic staple food has also been made available by scientific researches. It will, therefore, not be correct to say that poor will suffer in availing staple food and nutritional diet only because slaughter of cow progeny was prohibited.
Finding 4 : Quareshi-I itself reveals a very general opinion formed by the Court as to the failure of gosadans and their inability to preserve cattle. The statistics made available before us are a positive indicator to the contrary that gosadans and goshalas are being maintained and encouraged so as to take up both useful and so-called useless cattle, if the owner is not willing to continue to maintain them. Quareshi-I relied on a Report of an Expert Committee, which has certainly become an outdated document by the lapse of 47 years since then. Moreover, independent of all the evidence, we have in this judgment already noticed that cattle belonging to the category of cow progeny would not be rendered without shelter and feed by the owner to whom it had served throughout its life. We find support from the affidavits and reports filed on behalf of the State of Gujarat which state inter alia "farmers love their cattle".National Commission on Cattle in its Report (ibid) has incorporated as many as 17 recommendations for strengthening of goshalas (para 20 at pages 120-122)
We have already noticed in the affidavits filed on behalf of the State of Gujarat that, in the State of Gujarat adequate provisions have been made for the maintenance of gosadans and goshalas. Adequate fodder is available for the entire cattle population. The interest exhibited by the NGOs seeking intervention in the High Court and filing appeals in this Court also indicates that the NGOs will be willing to take up the task of caring for aged bulls and bullocks.
Finding 5In Quareshi-I, vide para 42, the Constitution Bench chose to draw a distinction between breeding bulls and working bullocks, on the one hand and cows and calves, on the other hand, by holding that the farmers would not easily part with the breeding bulls and working bullocks to the butchers as they are useful to the farmers. It would suffice to observe that the protection is needed by the bulls and bullocks at a point of time when their utility has been reduced or has become nil as they near the end of their life. That is what Article 48, in fact, protects, as interpreted in this judgment.
India, as a nation and its population, its economy and its prosperity as of today are not suffering the conditions as were prevalent in 50s and 60s. The country has achieved self-sufficiency in food production. Some of the states such as State of Gujarat have achieved self-sufficiency in cattle-feed and fodder as well. Amongst the people there is an increasing awareness of the need for protein rich food and nutrient diet. Plenty of such food is available from sources other than cow/cow progeny meat. Advancements in the field of Science, including Veterinary Science, have strengthened the health and longetivity of cattle (including cow progeny). But the country's economy continues to be based on agriculture. The majority of the agricultural holdings are small units. The country needs bulls and bullocks.
For multiple reasons which we have stated in very many details while dealing with Question-6 in Part II of the judgment,we have found that bulls and bullocks do not become useless merely by crossing a particular age. The Statement of Objects and Reasons, apart from other evidence available, clearly conveys that cow and her progeny constitute the backbone of Indian agriculture and economy. The increasing adoption of non-conventional energy sources like Bio-gas plants justify the need for bulls and bullocks to live their full life in spite of their having ceased to be useful for the purpose of breeding and draught. This Statement of Objects and Reasons tilts the balance in favour of the constitutional validity of the impugned enactment. In Quareshi-I the Constitution Bench chose to bear it in mind, while upholding the constitutionality of the legislations impugned therein, insofar as the challenge by reference to Article 14 was concerned, that "the legislature correctly appreciates the needs of its own people". Times have changed; so have changed the social and economic needs. The Legislature has correctly appreciated the needs of its own people and recorded the same in the Preamble of the impugned enactment and the Statement of Objects and Reasons appended to it. In the light of the material available in abundance before us, there is no escape from the conclusion that the protection conferred by impugned enactment on cow progeny is needed in the interest of Nation's economy. Merely because it may cause 'inconvenience' or some 'dislocation' to the butchers, restriction imposed by the impugned enactment does not cease to be in the interest of the general public. The former must yield to the latter.
According to Shri M.S. Swaminathan, the eminent Farm Scientist, neglect of the farm sector would hit our economy hard. According to him "Today, global agriculture is witnessing two opposite trends. In many South Asian countries, farm size is becoming smaller and smaller and farmers suffer serious handicaps with reference to the cost-risk-return structure of agriculture. In contrast, the average farm size in most industrialized countries is over several hundred hectares and farmers are supported by heavy inputs of technology, capital and subsidy. The on-going Doha round of negotiations of the World Trade Organisation in the field of agriculture reflects the polarization that has taken place in the basic agrarian structure of industrialized and developing countries. Farming as a way of life is disappearing and is giving way to agribusiness." (K.R. Narayanan Oration delivered by Dr. Swaminathan at the Australian National University, Canberra, published in 'The Hindu', October 17, 2005, p.10)
"In India, nearly 600 million individuals are engaged in farming and over 80 per cent of them belong to the small and marginal farmer categories. Due to imperfect adaptation to local environments, insufficient provision of nutrients and water, and incomplete control of pests, diseases and weeds, the present average yields of major farming systems in India is just 40 per cent of what can be achieved even with the technologies currently on the shelf. There is considerable scope for further investment in land improvement through drainage, terracing, and control of acidification, in areas where these have not already been introduced." (ibid)
Thus, the eminent scientist is very clear that excepting the advanced countries which have resorted to large scale mechanized farming, most of the countries (India included) have average farms of small size. Majority of the population is engaged in farming within which a substantial proportion belong to small and marginal farmers category. Protectionof cow progeny will help them in carrying out their several agricultural operations and related activities smoothly and conveniently. Organic manure would help in controlling pests and acidification of land apart from resuscitating and stimulating the environment as a whole.
Having subjected the restrictions imposed by the impugned Gujarat enactment to the test laid down in the case of N.M. Thomas (supra) we are unhesitatingly of the opinion that there is no apparent inconsistency between the Directive Principles which persuaded the State to pass the law and the Fundamental Rights canvassed before the High Court by the writ petitioners.
Before we part, let it be placed on record that Dr. L.M. Singhvi, the learned senior counsel for one of the appellants, initially tried to build an argument by placing reliance on Article 31C of the Constitution. But at the end he did not press this submission. Similarly, on behalf of the respondents, the Judgment of the High Court has been supported only by placing reliance on Article 19(6) of the Constitution. The legislative competence of the State Legislature to enact the law was not disputed either in the High Court or before us. Result.
For the foregoing reasons, we cannot accept the view taken by the High Court. All the appeals are allowed. The impugned judgment of the High Court is set aside. The Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act No. 4 of 1994) is held to be intra vires the Constitution. All the writ petitions filed in the High Court are directed to be dismissed.

Industries based on cow progeny - letter to Pri. Secy. RDPR

2008-08-30T05:23:00.000-07:00

Dr.MITTAL SK
Seminar on Industries based on Cow & its progeny & its products on Saturday, 23rd August, 2008 at 10. 30 am at FKCCI Building, KG Road, Bangalore. Dr.MITTAL SK Thu, Aug 14, 2008 at 10:16 PM
To: prs-rdpr@karnataka.gov.in
Mr., AP Joshi IASPri. Secretary Rrral Dev. & Panchayat RajGovt. of KarnatakaBangaloreDear Mr. Joshi Sir,
Happy Independence Day 2008.
I thankfully acknowledge telephonic discussion, we had yesterday on Sampurn Gramin Vikash with use of Bull Power & products of Cow and its progeny.
Karnataka is blessed with livestock (cow & its progeny) of 10.5 million & Buffalo 4.5 million apart from other animals. The cumulative estimated bull power is 120 million HP.
It generates 52.5 million MT of Cow Dung & 30 million KL of Gomutra. 14 KGs of Cow dung provides one KW/hour. Total quantity available or say 52.5 million Tones of Cow dung can generate 3727.5 million unit of Energy equivalent to RS 186.6 Billion.
Moreover, same, 52.5 Million MT of Cow dung if commercially utilized, can change the Village scenario. If converted into wormy compost (the cheapest mode) can solve State Fertilizer problem by contributing RS.157.5 Billion/ year. 10% of such huge available Stock is utilized as Industrial Raw material , can generate 5 million employment and industrial production of billions providing tremendous support to exchequer. apart from saving lives of millions of speechless cow and its progeny.
Bull power ,If utilized in cultivation, Water suction, inter district transportation and other uses can solve Rural employment problem and also can provide drinking water, Electricity and help Provide Urban Amenities in Rural Area (PURA).Apart from benefit of Health & Hygiene, better crop pricing, gain to exchequer " Purn Gram Swrajay"
Apart from Rural development such big untapped source of energy & raw material can be utilized in production of number of items. For example Floor Tiles unit with RS.50 million investment or Phenyl, Soap, Dhoop Agarbati, mosquito Coils, Medicines to cure 170+ diseases etc.
Silent features
1. Availability of 50 million MT Cow dung & 2o million KL of Cow Water2. Increase in availability by 10% / annum3.Government assurance and establishment of Dairy (Not Milk dairyies like KMF) but to collect these products 4. Due to availability across the State in each and every District & Taluq & even Village, the other benefits are tremendous.5. Not only raw malarial but Bull power can be utilized as source of Energy like wind or solar energy.6. percentage of profit is so high as on today, that enterpenur will be able to recover its cost with is shortest period. Break Even Point will be 15-18% of planned installed capacity.7. Looking the high Crude oil price and every day threat of its reaching USD.200/- is a big threat to industries in countries like India. We have to plan and start using alternate source of energy.8. Health of nation is can be taken care of by using more and more organic products and reducing dependency on synthetic production. Installation of industries based on above raw material fulfills this commitment.
Government of Karnataka has already announced in Budget 2008-09 the establishment of Dairies (Collection centers ) by paying fixed price to breeders for these item.
District wise breakup is also attached for your kind reference.
STATEMENT OF TALUKS, BLOCK & GRAM PACHAYATS, & DISTRICT WISE NUMBER OF CATTLE & BUFFALO IN KARNATAKA AS PER INTEGRATED LIVE STOCK SAMPLE SURVEY REPORT & LIST PROVIDED BY DIRECTORATE OF MUNICIPAL ADMN
No DISTRICT Taluks Hobli Gram Pnchyat Inhabited
Villages Un habited
Villages Cattle & Buffalo
CATTLE BUFFALO
1. Bagalkot 6 18 163 623 4 235709 201081
2. Bangalore Rural 8 35 228 1719 154 416871 75899
3. Bangalore Urban 4 17 163 668 31 159208 15246
4. Belgaum 10 35 228 1719 154 518279 714791
5. Bellary 7 27 189 524 30 368984 188033
6. Bidar 5 30 175 599 22 261180 170052
7. Bijapur 5 30 175 599 22 237985 148193
8. Chamrajanagar 4 16 120 424 85 269287 37752
9. Chickmaglore 7 32 226 1034 83 366563 106870
10. Chitradurga 6 22 185 946 113 314278 183016
11. D. K 5 17 203 354 - 343994 26715
12. Davangere 6 24 230 810 113 351320 220470
13. Dharwa 5 14 127 361 18 194932 90028
14. Gadak 5 11 106 329 8 144742 61726
15. Gulbarga 10 48 337 1360 77 817589 224824
16. Hassan 8 38 258 2394 165 545431 190631
17. Haveri 7 19 208 691 7 305990 123400
18. Karwar U.K 11 35 206 1246 43 339076 110869
19. Kodagu 3 16 98 291 5 11616 31616
20. Kolar 11 53 307 2919 392 470994 120297
21. Koppal 4 20 134 594 35 229417 97847
22. Mandya 7 31 232 1369 110 314416 169658
23. Mysore 7 33 235 1216 124 524676 70219
24. Raichur 5 37 164 830 53 362714 176940
25. Shimoga 7 40 260 1443 87 542947 200133
26. Tumkur 10 50 321 2574 134 503799 217528
27. Udupi 3 16 120 424 85 339034 49998
Total 176 745 745 5705 27481 9595930 4023832

Karnataka Gaushala Mahasangh (r) & Federation of Karnataka Chamber of Commerce & Industry (FKCCI) is arranging Seminar on Industries based on Cow & its progeny & its products on Saturday, 23rd August, 2008 at 10. 30 am at FKCCI Building, KG Road, Bangalore.

The dreamer and planner on national level Honorable Sri Om Prkash Ji Rastriya Gauraksha & Aurveda Prmukh RSS & Creator of 'Prakruti Bharati" and other speakers will be addressing the gathering on 2-300 elite industrialists and Gaushala office bearers from whole Karnataka.

Respected Sir, we hope, this Seminar - 1st of its kind- will prove a mile stone in Rural development and will encourage Industrialists from RS. 25,000 to even RS 250 Million to look towards untapped source of Raw material and local, National & Export market for Organic products.

We request your support and participation and also to address the gathering with Karnataka Government vision and policies supporting the cause.

I am attaching here with Letters given to Hon'ble Chief Minister & Hon'ble RDPR Minister on the subject last month for your kind reference. Hope to meet your good self in person. Dr. SK MITTAL B. Com(Hons) LLM Ph.DMember: Animal Welfare Board Of India 07Min. of Environment & Forest. Govt. of IndiaMember: Kerala State Animal Welfare BoardPresident: Karnataka Gaushala Mahasangh(r)Member: National Executive & Incharge Southern StatesBJP Govans Vikas Prkost (Cow Development Cell)Sri Raghvendra complex,222/3A, Vijayanagar, 2nd Stage,Mysore 570017Tele: 0821-4282005-4264005-4250205Fax 4264005 Mobile:09980246400 Res:08214246400Hindipoems:http://bhulibisriyaaden.blogspot.comReport:http://awbikk-slaughterhouse.blogspot.comPhptoAlbum:http://picasaweb.google.com/awbikkWebsite: www.mittal.biz/newHELPING HANDS ARE MORE HOLIER THAN SPEAKING LIPS
3 attachments BIO DATA AWBI.doc178K Bore Well RDPR 25.3.doc882K Memo_to_CM2[1].doc101K

OFTEN ASKED QUESTIONS IN CATTLE SAFETY

2008-08-30T05:20:00.000-07:00

OFTEN ASKED QUESTIONS
& SUITABLE REPLY
1. Q. There is no Act against Cattle Trade, transport & slaughter?
A. Union and State Government Acts and Rules are in force ANIMAL SAFETY LAW GUIDE OF KARNATAK
2. Q. Officials are over burdened?
A. Yes, but implementation of Animal Safely Law is also thir responsibility
3. Q. Act and Rules are very old why hue and cry now?
A. Perhaps, I.P.C. and CT.P.C. are more older than other Acts which are in use now also
4. Q. Police is not providing protection to other concerned Departmental officils?
A. Lack of coordination. As per Govt. of Karnataka G.O. No. 233/82 State, District and Taluk level Committees shall be constituted. Even D.G. Police Circular No. Has defined the same.
5. Q. Act and Rules are teeth less and ineffective?
A. Negligence and non implementation because very less conviction due to lack of through investigation
6. Q. Political pressure and interference?
A. Yes, but it is in all type of crimes, if, we can expose these politicians and prove our strength like AKGS could do by giving slogan SAVE COW GET VOTE. You can also achieve success in your area.
7. Q. Communal nature of Crime?
A. No. It is purely a Criminal activity due to heavy profits. Why a cross breed Cow yielding 10 ltr milk is not slaughter? It is because of its high value. Hon’ble Supreme Court of India has discussed and establish in its order Dt Nov,10,1994 in APPEAL No. 6790 fo 1983 WITH CIVIL APPEAL NO 6791,6793& 1983 (Civil pellet jurisdiction) AIR 1995 S.C. 464 CIVIL WESTY BENGAL STATE :APP. V/S ASHUTOSH LAHIRI & OTH. RESP) that even on Bakari Idd Day Cow Can Not be slaughtered due to any religious compulsion.
8. Q. Poor persons are involved to earn their bread?
A. No actually, ultimate beneficiary is illegal trader
9. Q. Poor breeder are selling their Cattle because they can not feed them?
A. Wrong myth. Actually due to presence of illegal buchers lobby, breeders are not getting good cattle for breeding
Q. Beef is a staple food for poor?
A: No. Actually, Synthetic Milk is penetrating in community and so called poor families are main victim of using this Urea made milk. Can we permit poison in name of cheap food.
10. Q. There is no land for grazing. How can feed, If these cattle are not slaughtered?
A. Government has left GOMALA Land every where. It is misuse of land. On the contrary due to illegal trade our villages are loosing job opportunity. Earlier, our village economy was dependent on cattle breeding. Today Synthetic Fertilizer, Synthetic milk, Bore well, and other mechanical activities have replaced Cattle and Bull power. But what Cost? Costly agriculture, Contaminated Agro Produce depletion of foreign reserves etc.
17. Q. In case I see Crime and by the time I approach Nearest Police Station, offebder will run away?
A. You are empowered to arrest the accused under Code 43 of CRPC. Arrest .: (1) Any private person may arrest or caused to be arrested any person
Who in his presence commits a Non bail able and cognizable offence, or any proclaimed offender and without any unnecessary delay, shall make over or cause to be made over any person, so arrested to a Police officer or in the absence of a Police Officer, take such person or cause him to be taken in custody of nearest Police Station.
18. Q. If police do not register the Case what shall I do?
A. Hon’ble Supreme Court has made it mandatory to register F.I.R. under CRPC Sec. 154: (1) Every information relating to the commission of a cognizable offence, if given orally to an Officer in-charge of Police station, shall be reduced to writing by him or under his direction, and be read over to the shall be signed by the person giving it, and substance there of shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub-section(1) sgakk be given forthwith, free cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer-in- charged of a Police station to record the information referred to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. In the manner provided by this code, and such officer shall have all the powers of an officer in charge of the Police station in relation to that offence contempt of court proceedings: Many times in spit of clear Code and Rules, Officials arbitrarily refuge to book the complaint or compel the complainant to mild his complaint. Apart from proceedings in other Sections it attract contempt of Hon’ble Supreme Court’s Directions.

19. Q. I see newly borne Calves loaded in truck? Is it not a loosing proposition for a trader who will get very less quantity of leather and beef?
A. Veal is made from male calves. It is forbidden to be made in India. The Hotels are allowed to use only imported veal. In fact, with calves being starved to death just after they are born, there is reason to suspect that they are being carried for VEAL. Of course, Calf leather also tetches high ;rkce. So it is not at all a loosing proposition for a illegal trader. All legal provisions are applicable on this heinous crime apart from Indian Customs Act and Food Adulteration Act. For example. A hotel serving articles made form veal, if checked, has to show its source of procurement. And He can be booked under above Acts And Rules, if found using VEAL of local origin.

Q. There are shops selling beef, is it legal?
As per Karnataka Prevention of Cow Slaughter and Preservation of Cattle Act of 1964, Slaughter of Cow calf of a cow, whether male or female: and calf of she buffalo is prohibited. (sec.4) Notwithstanding any law, custom, or usage to the contrary, no person shall slaughter or person shall slaughter or cause to be slaughter of otherwise intentionally kill or offer or cause to be offered for killing any cow or calf of she buffalo) Other animal Animal” i.e. bill, bullock, buffalo, male or female, or calf of she-buffalo, whether male or female even above 12years of age or incapacitated are prohibited from slaughter without valid Certificate from Competent authority (sec.5 Prohibition against slaughter of Animal without certificate from Competent Authority. (1) Notwithstanding law, custom or usage to the contrary no person shall slaughter or cause to be slaughtered or offer or caused to be offered for slaughter ANY ANIMAL , other than a calf of She Buffalo, unless he has obtained a certificate in writing from Competent Authority appointed for the area, that the animal is FIT FOR SLAUGHTER (2) A certificate under Sub Section (1) shall be granted by the competent Authority after, it has for the reasons to be recorded in writing, certified that

21. we have provide compassion towards living creatures: as also in keeping with India’s Culture and Civilizations of living in harmony with all living beings in Nature: our culture and tradition of love and respect for animals life: and clear necessity to protect and preserved livestock wealth: and shall take steps with a sense of urgency to regulate the State Promoted massive killings of animals for export of meat, obtained by slaughtering of animals
22. Having given careful thought and consideration to Constitutional obligations as already discussed, in the prevailing scenario of scenario of entirely unregulated freedom of killing animals for greed based economic.
Ambition of few unwittingly destructive dimensions; And taking serious note of animals, with potentially environmentally destructive dimensions; And taking serious note of enormous silence of different Union and State Departments, when they had and inescapable duty, to share concern for animal life in general, and loss of livestock population in particular, in the Slaughterhouses.
23. Under the circumstances, we request you, Mysore City Corporation & Government of Karnataka to drop the idea of SLAUGHTER HOUSE in total for ever and crack down on illegal Slaughter places and MEAT shops in full vigor, in the interest of health, hygiene, revenue generation and compassion to Speechless animals. We will be glad to furnish further information, discussion in the matter, please.
With great hopes and warm regards
Yours in service to speechless animals
S.K. MITTAL. PRESIDENT
AKHIL KARNATAKA GAU RAKSHA SANGH®
MEMBER –ANIMAL WELFARE BOARD OF INDIA
(Helping hands are more holier than speaking lips)

: Suggestions for Budgetary Provisions for GOVANSH & Sampurn Gram Vikas

2008-08-30T05:18:00.001-07:00

Honorable Chief 13th July,2008
Government of Karnataka
Bangalore
Sub: Suggestions for Budgetary Provisions for GOVANSH & Sampurn Gram Vikas
Hon’ble Janapriya Chief Minister, Sri BS Yeddyurappa, Sir,
Welcome to the Land of Sri Maa Chamundi , Mysore ,
Sir, A well thought idea of taking public mind in to consideration shows your concern towards real people’s service and state Development
Karnataka Goshala Mahasangh ® is representing one Hundred Goshala of Karnataka caring and Maintaining Cows and its progeny, functioning under the divine blessings & Honorary Presidentship of Sri Sri Sri Balagangadharnath Mahaswamiji, Peethadhipathi of Sri Adi Chunchangiri Mahasamsthana Math patronized by Sri Sri Deshikendra Shivaratreshver Mahaswami Ji of Sri Suttur Math & Sri Sri Ragheshver Bharati Mahaswami Ji
Apart from our request for constitution of Karnataka Goseva Ayog some of the vital suggestions are for your kind consideration here as under:
We want to touch most alarming issue of Rural Development, employment & improvement of Standard of living. Great thinker and our H.E. Ex- President Dr. APJ Abdul Kalam ji in vision 2020 provided (PURA) Providing Urban Amenities in Rural Area.
69% population of Karnataka is living in 56682 habitations 27017 Revenue villages having 1.04,034 KMS of Rural Roads but 80% is non asphalted usable for Bullockcart transportation
Karnataka is blessed with livestock (cow & its progeny) of 10.5 million & Buffalo 4.5 million apart from other animals. The cumulative estimated bull power is 120 million HP. It generates 52.5 million MT of Cow Dung & 30 million KL of Gomutra.
14 KGs of Cow dung provides one KW/hour. Total quantity available or say 52.5 million Tones of Cow dung can generate 3727.5 million unit of Energy equitant to RS 186.6 Billion.
Moreover, same, 52.5 Million MT of Cow dung if commercially utilized, can change the Village scenario. If converted into wormy compost (the cheapest mode) can solve State Fertilizer problem by contributing RS.157.5 Billion/ year.
Bull power ,If utilized in cultivation, Water suction, inter district transportation and other uses can solve Rural employment problem and also can provide drinking water, Electricity and help Provide Urban Amenities in Rural Area (PURA).Apart from benefit of Health & Hygiene, better crop pricing, gain to exchequer “ Purn Gram Swrajay”
Example: A village with 100 families or say 500 persons & 200 Hectare cultivated land requires following:Drinking water 100 LTR/ day per person = 50 KL
Light 2 connections each house or say 0.2KW X 100 =20 KW/ hour unit X 3hr = 60 units
Cooking Gas 200 GMs X 100 = 20Kgs / day
Milk 200 ml X 500 =100 Ltr / day
Phenyl 5lt X 100 X 12 KL Ltr / year
Soap 500X2X12 =12,000 PCs
Fertilizer 200 Hectare X 5 MT =- 1,000 MT
Pest Repellant
Agro produce Transportation 200 Hec. X 10 MT = 2,000 MT
Human local Transportation
Cultivation ,
irrigation
Fodder Cutting
Flour & Spice Mills, other Cottage Industries needing Prime Movers
A village, if having 400 Cow & Its progeny can fulfill all above requirements . How?
· Cow dung generation 3.5 MT per animal / year = 1400 MT or say 4000 Kgs /day and in turn can provide 300 KW/ hour units of energy /day
· 1,400 MT of Wormy Compost
· 20 % Milking animals =80 X 5Ltrs =200Ltr /day
· Prime Mover & cultivator
Honorable Sir, If properly utilized, there will not be a single house unemployed in the Model village apart from connected with Electricity, Cooking Gas, Fertilizer and also production of different products for self con consumption and marketing
Requirements: Each village will need Bio Gas plant, Bull Driven Bore well, Overhead Water Storage Tank, Water supply Pipe Lines, Gas Supply Pipe Line, Electric supply system apart from proper training programs
BUDGET : 2008-09 :Honorable Sir, We are already in Mid of July, 08 having 8 months in this Fin. Year With our little knowledge and experience, we are submitting following suggestions for your consideration.
1. At least 5 villages in each of 30 Districts can please be adopted
or say 150 villages with budgetary grant of RS. 25.00 Lakhs each RS 37.50 Cr
2. Budgetary Support for Special Industrial Zones based on products RS. 10.00 Cr
3. Of cow & its progeny.
4. Subsidy on Production of Wormy Compost @ RS. 500/= per MT on 5,00,000 MT
5. Products from cow dung & Cow urine shall be exempted from VAT & levies, if any) RS. 25.00 Cr
6. Local Breed improvement & fodder Subsidy to Below Poverty Line RS.15.00 Cr
7. Budgetary Grant on Purchase / installation of Bull driven Tractor, Bullock Cart
Bore well and other prime mover devices 25% RS. 5.00 Cr
8. Budgetary Grant on Bio Gas energy generators
9. 2KW -15 KW RS.50,000 per KW RS. 5.00 Cr
10. Budgetary Grant to Goshala, Pinjrapole, Infirmaries Animal shelters
on the basis of number of animals@ RS. 1,000/- per animal (50,000) RS. 5.00 Cr.
11. Karnataka State Go Seva Ayog (As assured) RS. 5.00 Cr
12. Research Development & Special courses activities needs special attention RS. 2.00 Cr
The available State Live Stock of 15 million is capable of :
1. Clear message to all about our concern about Cow & its progeny in turn bringing animal lovers, breeders, farmers to party fold .
2. Complete Village Development & providing Urban amenities to 56682 villages
3. Improved Health & Hygiene of our citizen
4. Rural employment to 5 million unemployed
5. Revenue Generation
6. Saving on Electricity consumption resulting into saving of precious State funds
7. Saving of Petroleumconsumption in turn saving environment & also precious foreign Exch .
8. Getting marketable Carbon Credit worth more than expenditure
9. Exploitation of Cow dung, Cow Urine & Bull power based generation of available source of more than 2,00,00 Cr / year with in 5 years
10. Saving precious lives of speechless animals .
11. It can be connected with SGSY Scheme, Naroga Scheme, Centrally sponsored Accredited Rural Water Supply Scheme, farmers participation apart from State budgetary Grant
Honorable Sir, The above proposed RS. 100 Cr provision in Budget 2008-09 is not a very big amount looking the results
Undersigned, wish your kind self a great success in running State of Karnataka for at least 20 years and will be available for information, required, if any on the subject.
With highest regards
Yours in service to people of Karnataka & Gomata
Dr. SK Mittal President
Karnataka Goshala Maha Sangh ®
Member Nat. Exe Com BJP Govans Vikas Prokost
Animal Welfare Board of India Govt. of India: Member (2007)
(Helping hands are more holier than speaking lips)